Healthcare

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Recent Articles

  •  
    25/03/2024
    Europe

    Patentability of inventions relating to diagnostic methods at the EPO

    Under Article 53(c) of the European Patent Convention (EPC), diagnostic methods practised on the human or animal body are excluded from patentability. The purpose behind this exclusion is to avoid patent infringement by medical and veterinary practitioners when carrying out a medical diagnosis. How Article 53(c) EPC should be applied was discussed in detail in the Enlarged Board of Appeal decision G 1/04.In this decision, the Board held that the exclusion of diagnostic methods from patentability should be interpreted narrowly and sets out specific criteria for the assessment of this exclusion.The...
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  •  
    20/03/2024
    United Kingdom

    Court of Appeal clarifies legal test of reasonable foreseeability in mesothelioma claims

    The Court of Appeal has issued important guidance on the legal test to be applied in establishing liability in asbestos-related mesothelioma claims. In a number of cases the Judgment will make it harder for claimants to succeed in their claims. It will however be welcomed by defendants and insurers.In White v Secretary of State for Health and Social Care and Cuthbert v Taylor Woodrow [2024] EWCA Civ 244 the two deceased workers had been exposed to light or intermittent levels of asbestos. They had gone on to develop mesothelioma around 2019/21, from which both subsequently died. Their exposure...
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    20/03/2024
    United Kingdom

    Court of Appeal determines costs budgeting issue in personal injury claims - Hadley v Przybylo

    The Court of Appeal has decided that in principle, the Claimant’s solicitors’ costs of attending rehabilitation case management meetings are recoverable as costs of an action.This judgment is significant to anyone handling catastrophic injury claims (including med mal), in particular, where lawyers are attending multi-disciplinary team meetings and costs budgeting applies.In summary, this case questioned the recoverability of legal costs for lawyers to attend case management meetings with medical and other professionals whilst supporting a personal injury Claimant’s rehabilitation,...
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  •  
    19/03/2024
    Hungary

    Hungary adopts new regulations on occupational Safety and Health fines and administration

    The Hungarian parliament recently adopted amendments to certain government regulations on occupational matters, and new government regulations on the detailed rules for the amount and imposition of occupational safety and health (OSH) fines, which entered into force on 1 March 2024. The amendments to the government regulations were necessary to ensure consistency between the legislation.The following article summarises these changes.1. Government Decree No 24/2024 (II.14.) amending certain Government Decrees on employmentAmendment to Government Decree No. 320/2014 (XII.13.) on the designation of...
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  •  
    13/03/2024
    United Kingdom

    Court of Appeal rules that defence of illegality in civil claim is not available if not guilty of criminal offence by reason of insanity

    In Lewis-Ranwell v G4S Health Services (UK) Ltd and others [2024] EWCA Civ 138, the Court of Appeal recently held, by a majority of 2 to 1, that where a person has committed a crime, but has been found not guilty by reason of insanity, the defence of illegality will not prohibit them from claiming damages from those who were responsible for assessing their mental wellbeing at the relevant time.Whilst these circumstances are unusual, they are not novel. This Judgment is particularly important for providers of mental health services and their insurers.Background – Criminal ProceedingsOn 10...
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  •  
    20/02/2024
    United Kingdom

    Court of Appeal confirms position on damages for breach of public procurement rules

    The much anticipated judgment in the Braceurself appeal has been handed down by the Court of Appeal. The Court of Appeal (led by LJ Coulson) has reaffirmed the position established by the High Court that despite a breach of the public procurement rules changing the outcome of a procurement, that is not of itself automatically ‘sufficiently serious’ to justify an award of damages.Until Braceurself, it was generally assumed that a breach which changed the outcome of a procurement would be decisive on the question of sufficient seriousness. This judgment provides clarity on the relevant...
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