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03 December 2020 / Sarah Moore
Issue: 7913 / Categories: Features , Commercial
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Fairytale of New York: product liability law in the UK

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Now more than ever before, it is crucial that UK litigators find new ways to hold Big Pharma to account, argues Sarah Moore
  • A recent ‘forum non conveniens’ judgment in New York describes the UK as a hostile jurisdiction for claimants seeking to hold Big Pharma to account.
  • Many lawyers in the UK will recognise the accuracy of that description and the systemic issues that have prevented claimants being more successful against Big Pharma in the UK.
  • In the context of a global pandemic and an under-resourced NHS, UK litigators must find new ways to hold Big Pharma to account within the UK court system.

In the dog days of this year’s lockdown spring, when the ‘new normal’ still felt abnormal, a quiet revolution was beginning in the world of UK product liability. On 18 March 2020, a New York court ruled that a British woman, Mrs Fletcher, could litigate her product liability claim against New York-registered defendants, Estee Lauder Inc and Clinique Laboratories

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MOVERS & SHAKERS

Constantine Law—Anita Vadgama

Constantine Law—Anita Vadgama

New senior partner hire at consultant-led employment / regulatory law firm

Ward Hadaway—Emma Swann & Jill Donabie

Ward Hadaway—Emma Swann & Jill Donabie

Firm adds two partners to growing education practice

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

Trio of newly qualified solicitors strengthens Worcester office law firm

NEWS
The treasury has sought to reassure the legal profession over concerns about cost, bureaucracy and independence when the Financial Conduct Authority (FCA) takes over regulation of anti-money laundering compliance
One out of two barristers has come under pressure from clients to act unethically, according to the results of this year’s Barristers’ Working Lives survey
The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug
A flagship employment law reform is due to come into effect on 1 July, extending unfair dismissal rights to employees after six months in their job instead of two years
The European Council has postponed the EU-UK summit, where discussions on a youth mobility scheme and other issues had been due to take place, due to Prime Minister Keir Starmer’s resignation
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