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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

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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