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PRACTICE NOTES
This Practice Note covers the specific time periods for those personal injury cases which fall outside of the usual three-year limitation period. The guidance considers a variety of non-standard accident circumstances, including accidents abroad, accidents on aircraft, boat or international train, Criminal Injuries Compensation Authority claims, Motor Insurers’ Bureau claims, claims brought under the Fatal Accidents Act 1976 (FAA 1976) and claims by the armed forces and actions brought under the Human Rights Act 1998. For a helpful table setting out the different limitation periods, see Practice Note: Time limits under the Limitation Act 1980—personal injury claims—Exceptions to the general rule. Accidents abroad Pursuant to the Foreign Limitation Periods Act 1984 (FLPA 1984), where a court in England or Wales is applying the law of a foreign country, the relevant foreign limitation period will apply unless its application would conflict with public policy (FLPA 1984, s 2(1)). Pursuant to FLPA 1984, s 2(2), the application of a foreign limitation period will conflict with public policy to the extent that
NEWS
This week’s edition of PI & Clinical Negligence weekly highlights includes the Supreme Court’s ruling on when a group litigation order test case judgment may be disapplied, the LSB’s final findings on conduct of litigation guidance and a High Court decision finding an employer liable for serious injuries caused by an unsafe workplace practice. We also cover the Supreme Court’s decision on state immunity where remotely installed spyware causes injury in the UK and the latest case management developments in group litigation concerning alleged injuries caused by Johnson & Johnson Baby Powder. In addition, we have new content covering common medical tests for a variety of conditions and we feature our quantum case submission portal, alongside our usual round-up of webinars and New Law Journal articles of interest.
PRACTICE NOTES
Key information Habitats Directive Title Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora of 21 May 1992 (Habitats Directive) Entry into force 10 June 1994 National transposition measures See Eur-Lex information on national transposition measures, as provided by Member States Amending documents —Council Directive 97/62/EC of 27 October 1997 adapting Annexes I and II of Directive 92/43/EEC to reflect technical and scientific progress—Regulation (EC) 1882/2003 of the European Parliament and of the Council of 29 September 2003 adapting to Council Decision 1999/468/EC the provisions relating to committees which assist the Commission in the exercise of its implementing powers laid down in instruments subject to the procedure referred to in Article 251 of the EC Treaty—Council Directive 2006/105/EC of 20 November 2006 adapting certain directives in the field of environment, by reason of the accession of Bulgaria and Romania—Council Directive 2013/17/EU of 13 May 2013 adapting certain directives in the field of environment, by reason of the accession of the Republic of Croatia Subject Wildlife;
PRACTICE NOTES
Key information Critical Raw Materials Act Title Regulation (EU) 2024/1252 of the European Parliament and of the Council of 11 April 2024 establishing a framework for ensuring a secure and sustainable supply of critical raw materials and amending Regulation (EU) 168/2013, Regulation (EU) 2018/858, Regulation (EU) 2018/1724 and Regulation (EU) 2019/1020Note that corrections have been made to the Act on 3 June 2024 and 1 October 2024, as reflected in the consolidated version Publication in the OJEU 3 May 2024 Entry into force 23 May 2024, subject to the following exceptions:—Articles 40 and 41 (amending Regulation (EU) 168/2013 and Regulation (EU) 2018/858, both on vehicle market surveillance, respectively) will apply from 24 May 2028 Subject matter Critical raw materials; Net-zero technologies; Net-zero industry; Industrial decarbonisation Introduction and context Critical raw materials are of high economic importance for Europe while being also highly vulnerable to supply disruptions. A number of critical raw materials are closely linked to clean technologies and therefore critical to the green transition. For example,
NEWS
This week's edition of PI & Clinical Negligence weekly highlights brings you key updates across personal injury and clinical negligence practice, including Court Funds Office interest rate reductions following the base rate cut and developments in online and digital procedure. We review the implications of the Mental Health Act 2025 for psychiatric injury and clinical negligence claims, alongside important employer’s liability decisions on COVID-19 causation and employment status in a mesothelioma case. We also cover interim payment rulings where causation remains in dispute, together with costs decisions highlighting the limitations of the fixed recoverable costs regime, including when standard costs may be recoverable following Part 8 and Part 7 procedural disputes. We also feature our specialised Quantum Database and case submission Portal. In addition, we have our usual round-up of other news, cases, webinars and New Law Journal articles of interest.
PRACTICE NOTES
What are CCPs and what do they do? A central counterparty (CCP) is a type of financial institution (also known as a clearing house) which facilitates the clearing of both over-the-counter (OTC) derivatives and exchange-traded derivatives (ETDs). CCPs are classed as financial market infrastructures (FMIs). A derivative is a type of financial instrument whose value is determined by reference to (and so derived from) an underlying asset, index, rate, reference point or risk (referred to as the underlying asset or underlying). Derivatives are bi-lateral contracts which involve the transfer of all or part of the risk and reward associated with the underlying from one party to another without the immediate transfer of the underlying itself. The terms of OTC derivatives are agreed directly between the parties (or in some cases arranged through a broker). OTC derivatives can be distinguished from derivatives (usually futures or options) which are traded on public exchanges (exchange traded derivatives or ETDs). The terms of ETDs are specified by the exchanges on which they are traded, not by the parties. ETDs are, generally,
NEWS
This week’s edition of PI & Clinical Negligence weekly highlights includes analysis of a number of costs cases relating to the low value pre-action protocols and a case where a wasted costs order was made against a claimant’s barrister and solicitors for including fake case citations in their pleadings. We also consider a highways claims which failed and a military acoustic shock hearing injury claim which was also unsuccessful due to causation. In addition, we have our usual round-up of other news, cases and New Law Journal articles of interest.
NEWS
This week's edition of PI & Clinical Negligence weekly highlights includes news that the Ministry of Justice has announced a decrease to the interest rates for the Courts Funds Office’s special and basic accounts, and a Court of Appeal decision where damages were awarded to the claimant for psychiatric injury arising from witnessing a traumatic event as a child. We also consider a decision where the Court of Appeal gave guidance on how to approach anonymity orders and a case where no QOCS protection was available for claimants where the claims had been struck out for abuse of process. In addition, we have our usual roundup of other news, cases and New Law Journal articles of interest.
NEWS
This week’s edition of PI & Clinical Negligence weekly highlights includes the High Court’s decision in Abbott v Ministry of Defence addressing the appropriate diagnostic approach in military noise-induced hearing loss claims. We also cover a High Court ruling on evidential proof of exposure in a mesothelioma case, alongside updates on service of amended claim forms and non-party disclosure in personal injury litigation. In addition, we have our usual round-up of other news, cases, webinars and New Law Journal articles of interest.
NEWS
This week's edition of EU Law weekly highlights includes analysis on the Court of Justice’s decision where the operator of an online marketplace on which an advertisement was placed was found not to have complied with its obligations under the EU’s General Data Protection Regulation, Myriad wins Unified Patent Court ruling as GXD-Bio breast cancer patent is revoked and the EU governments aim to reach a negotiating position by late March or early April 2026 on amendments to the EU’s AI Act following initial legislative discussions. In addition this week, the European Commission published a summary and the responses to the consultation on EU Digital Markets Act review, consults on the revisions to the EU REACH linked to restricted CMR substances, launched calls for evidence to inform the development of the European Ocean Act and on an initiative titled ‘Towards European open digital ecosystems’, seeking feedback on how to strengthen the EU open-source sector, announced that the new EU PFAS monitoring rules for drinking water have taken effect and the Parliament’s Transport and Tourism Committee voted to maintain and strengthen EU air passenger rights, rejecting Council of the EU’s proposals to weaken compensation rules.
NEWS
This week's edition of EU Law weekly highlights includes analyses on the impact of the Revised EU Product Liability Directive on the automated vehicles sector, what legal teams need to know about Deepseek AI, the challenges to designate AI models ‘with systemic risk’ under the EU AI Act and the integration of revised Code of Conduct on countering illegal hate speech online into the framework of the Digital Services Act. In addition this week, the Commission published the first of its planned omnibus simplification packages, unveiled the Clean Industrial Deal and Affordable Energy Action Plan, launched calls for evidence evaluating the EU legislation on plant variety rights and the Cosmetic Products Regulation, and the European Scientific Advisory Board on Climate Change published a report recommending actions to scale up carbon dioxide removals in the EU.
NEWS
This week's edition of EU Law weekly highlights includes analyses on whether OpenAI’s latest user figures for ChatGPT could trigger stricter regulation under the EU Digital Services Act (EU DSA), as well as the Court of Justice’s decision that offline copies of audiovisual works provided by streaming platforms do not fall within an exemption under EU copyright law. In addition this week, the European Commission published its simplification review of the EU Deforestation Regulation, confirmed that plans to revise EU REACH have been scrapped, and launched consultations on new Merger Guidelines, the revision of the European Sustainability Reporting Standards (ESRS), a new voluntary sustainability reporting standard, and a draft Digital Product Passport Registry implementing regulation. The Commission also announced the completion of the first round of activities of the Hydrogen Mechanism and the European Parliament adopted resolutions on stronger action to combat cyberbullying and stricter enforcement of the EU Digital Markets Act.