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Article 16/05/2023
Civil Justice Council publishes its final report on costs
Last year, the Civil Justice Council Costs Working Group was charged with taking a "strategic and holistic look at costs, particularly given the ongoing transformation of civil justice into a digital justice system". On 10 May 2023, the Working Group published its final report and recommendations, offering an insight into the likely direction of travel for costs in civil claims. In this article, we provide an overview of the responses to the consultation and the recommendations put forward.
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Article 12/05/2023
Terrorism (Protection of premises) Bill: briefing note
The Terrorism (Protection of Premises) Bill, also known as the ‘Protect Duty’ or ‘Martyn’s Law’, aims to keep people safe from terrorist attacks by introducing proportionate security requirements for certain public venues.
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Article 10/05/2023
Personal injury discount rate: a global snapshot
The recently closed Ministry of Justice (MoJ) call for evidence considers different models for setting the personal injury discount rate (PIDR) in other jurisdictions including Hong Kong, the Canadian province of Ontario and Jersey which set different rates based on the duration of the award, in addition to the heads of loss approach adopted in the Republic of Ireland. In this article, we consider each of these jurisdictions in more detail.
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Article 20/04/2023
Managing commercial risk when entering into third-party contracts: key considerations for NHS trusts
It is vital that NHS trusts take steps to minimise the risks posed to them when entering into third-party contracts. A number of repeated issues and trends can be identified, which we share in this article.
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Article 31/03/2023
Personal Injury Brief: market insights – March 2023
A summary of key developments including upcoming changes to the Qualified One-Way Cost Shifting regime, the Ministry of Justice call for evidence on the discount rate in England & Wales, and takeaways from The American Congress of Rehabilitation Medicine conference.
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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 21/03/2023
Healthcare Brief: market insights - March 2023
A summary of key developments which include a Call for Evidence to explore the option of a dual/multiple personal injury discount rate; publication of the summary of responses to the consultation on appropriate clinical negligence cover; the Powers of Attorney Bill; a letter to the profession from the General Medical Council; and draft statutory guidance issued on the protection of patient data.
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Article 21/03/2023
Healthcare Brief: latest decisions - March 2023
A roundup of recent court decisions raising issues relating to divisible injury and material contribution in obstetric cases; best interest decisions and the role of parents in the clinical ethics committees’ process; and qualified one-way costs shifting.
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Article 17/03/2023
Imminent changes to Qualified One-Way Cost Shifting: levelling the playing field
The UK Government has published its response to its consultation on changes to the Qualified One-Way Cost Shifting (QOCS) regime in personal injury cases, which was launched on 9 May 2022.
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Article 15/03/2023
Triage of medicinal products and medical equipment in times of shortages: overview of Council of Europe Recommendation
Here, we provide an overview of this Recommendation and its implications on the provision of healthcare in times of shortages in the United Kingdom.