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Blog 26/01/2023
Intangible risks of modern products
In this blog, we explore how developments in technology have created new types of product liability and safety risks and given rise to new categories of damage. We also examine developments in the mechanisms for claiming damages.
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Blog 13/01/2023
In Practice Series – How to prepare for the upgraded digital services laws in Europe
It is undeniable that the way consumers purchase their products and engage with services on the internet has changed substantially since times past. The modern consumer has global buying power, and suppliers must adapt in order to meet this consumer demand. This change in consumer behaviour has brought both benefits, but also introduced legal risks that have required careful consideration by regulators and legislators alike.
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Blog 12/01/2023
In Practice Series – How to mitigate the growing risk from consumer class actions and collective redress in Europe
In the last ten years there has been a significant growth in the use of collective redress or representative actions ('group litigation'), a legal mechanism which may stop or prevent unlawful business practices that affect multiple claimants or compensate them for harm caused by these practices, within the EU and UK.
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Article 12/01/2023
Regulating AI in the life sciences sector
Financier Worldwide (FW) discusses regulating AI in the life sciences sector with Samantha Silver, Sarah-Jane Dobson, Charlie Whitchurch and Paula Margolis at Kennedys Law LLP.
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Article 12/12/2022
Personal Injury Brief: latest decisions December 2022
A roundup of recent court decisions raising issues relating to limitation defences in Scotland, the role of experts, the application of the Civil Liability (Contribution) Act 1978, and contracting out of fixed costs.
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Article 21/11/2022
Products law and life sciences: market insights November 2022
A summary of recent legal and regulatory developments in products law through the lens of the 'S' in ESG - environmental, social and governance. Social factors often receive less attention than their environmental and governance counterparts, but are of growing importance for businesses and their insurers.
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News 18/11/2022
Kennedys ranks in latest Doyle's Guide for leading insurance firms and lawyers
November's publication of the 2022 Doyle's Guide directory covering all Australian states has seen Kennedys continue its ranking success.
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Article 10/11/2022
Not in this town: The days of the “hired gun” are over
The Irish Court of Appeal has voiced strong criticism of the “hired gun” expert who takes on the role of advocate, and has signalled much tighter control and greater enforcement of the rules relating to expert evidence (Duffy v McGee Insulation Services). The Court also warned that lawyers who call experts who do not comply with their duties to the Court may face adverse consequences in respect of legal costs.
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Blog 02/11/2022
In Practice Series - How to get ready for the new product liability laws in Europe
On 28 September 2022, the European Commission (EC) published its much-awaited proposals to significantly reform the EU Product Liability Directive (85/374/EEC) (PLD). The existing PLD came into force in July 1985 and has been the mainstay law governing redress for defective products across the EU. The legislation imposes a strict liability for defective products which have caused a loss to consumers.
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Blog 14/10/2022
In Practice Series – How to be an ESG-conscious product manufacturer
Environmental, social and governance (ESG)-type obligations are increasingly imposed on actors in the modern product supply chain. Such obligations impact all stages of the product lifecycle and additionally impose subject-matter specific reporting obligations on companies in respect of these matters.