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28 July 2023
Issue: 8035 / Categories: Legal News , Public , Health & safety , Inquests
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NLJ this week: More action needed on product liability scandals

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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.

MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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