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Report 22/05/2023
Life sciences report 2023: trends and future risks
This report highlights key legal and regulatory developments in the UK and the EU – and the related liability risks. Our experts also shine a spotlight on a number of priority topics for life sciences businesses, and their insurers, to consider as they plan for operational resilience in the months ahead.
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Article 10/05/2023
The Consumer Protection Act 1987: staying put… for now
The European Commission (EC) has published its long awaited proposals to modernise the Product Liability Directive (PLD) – the legislation governing redress for defective products. The proposals address the risks and challenges posed by the digital age and have raised questions as to whether UK might follow in the EU’s footsteps and seek to reform the Consumer Protection Act 1987 (CPA), the legislation which implemented the PLD into UK law.
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Case review 04/05/2023
Commission Recovery Ltd v Marks & Clerk LLP & Anor [2023] – a new renaissance for representation actions?
The recent decision in Commission Recovery Ltd v Marks & Clerk suggests the courts may approach the ‘same interest’ test for representative actions under Procedure Rule (CPR) 19.6 more flexibly than had been assumed following the UK Supreme Court’s high profile ruling in Lloyd v Google [2021]. CPR 19.6 provides for representative actions where one claimant can represent other claimants in a group action providing they all have the ‘same interest’ in the claim.
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Article 29/03/2023
The Windsor Framework: implications for healthcare and life sciences industries
After years of Brexit uncertainty for businesses in the healthcare and life sciences sectors, the Windsor Framework was published on 27 February 2023 following extensive EU/UK negotiations. The Framework should pave the way for the smooth supply of medicines from Great Britain to Northern Ireland, much to the relief of industry stakeholders and patients alike.
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Article 17/03/2023
Data Protection and Digital Information Bill: briefing note
The Data Protection and Digital Information (No.2) Bill aims to reform the existing UK data protection regime following Brexit, namely the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
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Article 14/03/2023
Commercial Brief innovation market insights - March 2023
As Kennedys launches its campaign on fostering innovation, we share our insights on the impact of artificial intelligence (AI) in the workplace, regulating AI in the life sciences sector and the novel risks inherent in modern technologies.
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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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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 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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Blog 19/10/2022
Online pop-up consent systems under scrutiny
In recent years there have been concerns about the data privacy implications arising from cookie consent pop-ups, resulting in robust action taken by data protection authorities. As complaints and individual claims arising from pop-ups become more frequent across the EU and the UK, their continued use comes with an increased risk of enforcement action and compensation claims.