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NLJ this week: More action needed on product liability scandals

28 July 2023
Issue: 8035 / Categories: Legal News , Public , Health & safety , Inquests
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In product liability claims, including those involving medical safety issues, ‘many claimants have had to endure decades of litigation, campaigning and lobbying in order to make their voices heard’, Hausfeld lawyers Sarah Moore, partner, Stuart Warmington, senior associate, and Lily Parmar, legal assistant, write in this week’s NLJ.

A prime example is the infected blood scandal, in which despite litigation and a public inquiry that is ongoing, many affected individuals do not have redress decades later.

Claimants tend to have an eye on redress mechanisms beyond litigation, such as public inquiries and reviews, due to issues around limitation, funding, caselaw and evidential challenges. The UK ‘is good at creating listening forums: 83 public inquiries have been opened since 1990’, Moore, Warmington and Parmar write, but whether lessons are learned and recommendations acted upon is less clear.

The COVID-19 Inquiry is one of the biggest inquiries to be held. As the authors assert, however, no matter how efficient an inquiry is, it’s up to the government of the day whether anything gets done.

The authors call for greater accountability and express support for the creation of a central redress agency, as recommended by the Cumberlege Report but subsequently rejected by the government. 

Read the full article here.

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NEWS
Lawyers and users of the business and property courts are invited to share their views on disclosure, in particular the operation of PD 57AD and the use of Technology Assisted Review (TAR) and artificial intelligence (AI)
Social media giants should face tortious liability for the psychological harms their platforms inflict, argues Harry Lambert of Outer Temple Chambers in this week’s NLJ
Ian Gascoigne of LexisNexis dissects the uneasy balance between open justice and confidentiality in England’s civil courts, in this week's NLJ. From public hearings to super-injunctions, he identifies five tiers of privacy—from fully open proceedings to entirely secret ones—showing how a patchwork of exceptions has evolved without clear design
The Leasehold and Freehold Reform Act 2024—once heralded as a breakthrough—has instead plunged leaseholders into confusion, warns Shabnam Ali-Khan of Russell-Cooke in this week’s NLJ
The Employment Appeal Tribunal has now confirmed that offering a disabled employee a trial period in an alternative role can itself be a 'reasonable adjustment' under the Equality Act 2010: in this week's NLJ, Charles Pigott of Mills & Reeve analyses the evolving case law
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