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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: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
Lasting powers of attorney (LPAs) are not ‘set and forget’ documents. In this week's NLJ, Ann Stanyer of Wedlake Bell urges practitioners to review LPAs every five years and after major life changes
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