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Case review 2019-04-18
The Court of Appeal has rejected the Royal Opera House’s attempt to overturn an award of damages to a musician who suffered acoustic shock from playing in its orchestra – a decision which could be cataclysmic to the entertainment industry, with concerts and music gigs being treated equivalent to a factory, with little justification for excessive noise due to artistic value.
The legal framework which has developed gradually over the last 100 years since the invention of motor vehicles governs the criminal liabilities of drivers. The system is well understood and is managed reasonably well by our overburdened criminal courts when drivers fall foul of the law.
Case review 2019-04-12
This case review looks at decisions from a Danish City Court and the Eastern High Court regarding refusal of new questions to the Medico-Legal Counsel.
We consider how technological developments in patient-led care over the next 10 years could be used to alleviate pressure on the NHS and other healthcare providers and how the healthcare sector can prepare for changes to come.
Early March 2019 marked the second annual #GenomicsConversation Week, the Genomics Education Programme’s annual week of action for all health professionals. The goal of this NHS initiative is to encourage conversation and awareness among all health professionals and to help them feel more comfortable discussing genomic testing with patients.
Case review 2019-04-04
The court have disappointingly confirmed that medical agency fees can be recoverable in public liability cases. This is despite the rules being silent on this point, and the clear attempts by some claimant solicitors to use disbursements as a way to improve their profits and game the system.
The then-Lord Chancellor’s announcement on 27 February 2017, to reduce the discount rate from 2.5% to minus 0.75%, surprised those representing both claimants and defendants and has led to overcompensation in many cases. Fortunately, the Civil Liability Act 2018, which reforms how the discount rate is set, received Royal Assent on 20 December 2018, and should restore fairer compensation levels.
We are pleased to confirm that we have become the first international law firm to establish a presence in each of the Dominican Republic, Guatemala and Panama as we continue to increase our global footprint through three new Associations.
In our report in September 2017 we examined the steep increase in the use of prescription and non-prescription opioids in the United States and Canada, and fears that Europe may face a similar epidemic. We now take a closer look at the extent of opioid use in the UK, the steps being taken to address this, and the potential impact on insurers.
The Mental Capacity (Amendment) Bill is currently making its way through parliament. We explore some of the practical and financial implications of the proposals, for local authorities, the NHS, and the private sector.