Fatal Accidents Act 1976 – modest changes confirmed by MoJ

The Smith case in 2017 concluded that the 1976 Act’s bar on of cohabitants recovering bereavement damages was incompatible with Convention rights. The Ministry of Justice signalled it would rectify the Act and this week published its proposals to do so.

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Clinical negligence claims data: a decade of increases, but no solutions

Vicki Swanton’s recent blog towards the end of January took a broad look at a range of factors at work in influencing the increasing cost of clinical negligence claims and outlined some of the initiatives underway to address this. Further data on the rising burden of clinical negligence in England emerged earlier this week in the written Parliamentary answer set out below.

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Geographic restriction of insurance cover for medical devices sanctioned by Advocate General

Disputes resulting from substandard silicone breast implants manufactured by the French company Poly Implant Prothèse (PIP) continue to arise. The latest concerns the scope of PIP’s liability policy and in particular a clause which restricted cover to damage caused in France. The issue was referred to the European Court of Justice by a German court which was considering damage sustained by a German patient in Germany.

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