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Neurotechnology & the law: Personal injury & clinical negligence

24 January 2025 / Harry Lambert
Issue: 8101 / Categories: Features , Profession , Technology , Health , Personal injury , Clinical negligence
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Coming advances in neurotechnology & their potential impact upon rehabilitation will be nothing short of transformational: Harry Lambert outlines their game-changing implications for personal injury & clinical negligence
  • Huge strides are being made in developing neurotechnologies with the potential to combat a wide range of conditions, from cerebral palsy and limb loss to blindness and chronic depression.

A paradigm shift is emerging. The fields of neurology, neurosurgery and neuro-rehabilitation are experiencing a period of unprecedented transformation, driven by remarkable advancements in implantable neurotechnologies. These technologies, once confined to the realm of science fiction, are rapidly transitioning from research laboratories to widespread clinical application, fundamentally reshaping our understanding of neurological injury and its profound consequences. This paradigm shift goes to the heart of our duty as lawyers. Restitutio in integrum inherently involves looking at what assistive tech is available. And now Restitutio in integrum is possible in ways that were previously unthinkable.

In days gone by, the claimant who lost an eye

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MOVERS & SHAKERS

Red Lion Chambers—Maurice MacSweeney

Red Lion Chambers—Maurice MacSweeney

Set creates new client and business development role amid growth

Kingsley Napley—Tim Lowles

Kingsley Napley—Tim Lowles

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mfg Solicitors—Tom Evans

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NEWS
The rank of King’s Counsel (KC) has been awarded to 96 barristers, and no solicitors, in the latest silk round
Neurotechnology is poised to transform contract law—and unsettle it. Writing in NLJ this week, Harry Lambert, barrister at Outer Temple Chambers and founder of the Centre for Neurotechnology & Law, and Dr Michelle Sharpe, barrister at the Victorian Bar, explore how brain–computer interfaces could both prove and undermine consent
Comparators remain the fault line of discrimination law. In this week's NLJ, Anjali Malik, partner at Bellevue Law, and Mukhtiar Singh, barrister at Doughty Street Chambers, review a bumper year of appellate guidance clarifying how tribunals should approach ‘actual’ and ‘evidential’ comparators. A new six-stage framework stresses a simple starting point: identify the treatment first
In cross-border divorces, domicile can decide everything. In NLJ this week, Jennifer Headon, legal director and head of international family, Isobel Inkley, solicitor, and Fiona Collins, trainee solicitor, all at Birketts LLP, unpack a Court of Appeal ruling that re-centres nuance in jurisdiction disputes. The court held that once a domicile of choice is established, the burden lies on the party asserting its loss
Early determination is no longer a novelty in arbitration. In NLJ this week, Gustavo Moser, arbitration specialist lawyer at Lexis+, charts the global embrace of summary disposal powers, now embedded in the Arbitration Act 1996 and mirrored worldwide. Tribunals may swiftly dismiss claims with ‘no real prospect of succeeding’, but only if fairness is preserved
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