Recent Articles

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  20/09/2024

  United Kingdom

  Subrogated recoveries and a reminder of the Napier principles

  Court of Appeal's decision in Textainer case serves as a reminder the principles of subrogation, as established in Napier – more than 30 years ago – will still prevail as a matter of common lawA recent Court of Appeal judgment affirms the longstanding ‘top-down’ approach applied to the distribution of monies among excess layer insurers, which have been recovered as part of a subrogated actionOn May 22 the Court of Appeal handed down its judgment in the matter of Royal & Sun Alliance and others v Textainer Group Holdings and others (2024).The respondents are part...

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  20/09/2024

  Hungary

  CJEU ruling allows for VAT paid on subsidised pharma products to be partially reclaimed

  The Court of Justice of the European Union (CJEU) published a landmark ruling in a preliminary ruling procedure that will significantly benefit the Hungarian pharmaceutical industry.As a result of the decision, the sector’s VAT burden could be significantly reduced. In addition, distributors and market authorisation holders can request partial refunds on VAT payments on the sales of medicinal products and dietary supplements over the last five years if they were subject to a specific repayment obligation to Hungary’s National Health Insurance Fund (NEAK). These requests can be made...

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  20/09/2024

  Romania

  Romania publishes draft law on cybersecurity implementing the NIS2 Directive

  On 15 August 2024, the National Cyber Security Directorate in Romania (DNSC) released for public debate the draft law establishing a framework for cybersecurity of networks and information systems in the national civil cyberspace (Draft Law), transposing Directive (EU) 2022/2555 on measures for a high common level of cyber security in the European Union (NIS 2 Directive), which amends Regulation (EU) No 910/2014 and Directive (EU) 2018/1972, and repeals Directive (EU) 2016/1148.While the draft law may undergo revisions before its final adoption, it outlines the fundamental measures needed to comply...

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  19/09/2024

  Netherlands

  Netherlands publishes survey on compliance with “Guidelines for Online Consumer Protection”

  In August 2024, the Dutch Consumer & Market Authority released a survey of webshops on adherence to the “Guidelines for Online Consumer Protection”. The study aimed to assess if webshops were complying with regulations to prevent online consumers from being misled. Key findings from the study are outlined below.Guidelines for Online Consumer ProtectionThe Netherlands Authority for Consumers and Markets (ACM), responsible for consumer protection and market competition in the Netherlands, published the “Guidelines for Online Consumer Protection” in 2020. These guidelines...

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  19/09/2024

  Ukraine

  New Ukrainian law regulates off-label use of medicines

  On 21 August 2024, the Ukrainian parliament introduced new legislation that formalises the off-label use of registered medicinal products. This regulation establishes clear procedures for healthcare professionals (HCPs) to prescribe medicines for non-authorised indications, age groups, dosages, or methods of administration, which are commonly known as off-label use. The goal is to ensure patient safety, transparency, and accountability in off-label prescriptions by requiring informed consent, medical advisory board approval, and thorough documentation.The new mechanisms complement the existing...

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  19/09/2024

  United Kingdom

  Removal of Ofsted headline gradings – what’s next for Ofsted?

  In our earlier Law-Now article, Ofsted under scrutiny, written after the inquest into the devastating suicide of headteacher Ruth Perry ruled that an Ofsted inspection “contributed” to Mrs Perry’s death, we referenced comments made by the then newly appointed Chief Inspector of Education, Sir Martyn Oliver, that “mental health awareness training is a first step – but for me a critical first step – is reassuring the sectors we work with that we are serious about change.” In a show of intent, the government announced on 2 September 2024 that, with immediate...

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