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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

Winckworth Sherwood—Charlotte Coleman & Qaisar Sheikh

Winckworth Sherwood—Charlotte Coleman & Qaisar Sheikh

Two promoted to partner in property litigation and education teams

Dorsey & Whitney LLP—Peter Knust

Dorsey & Whitney LLP—Peter Knust

Cross-border finance and restructuring specialist joins as of counsel in London

Powell Gilbert—Callum Beamish-Lacey

Powell Gilbert—Callum Beamish-Lacey

IP firm promotes litigator to partnership

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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