Escocia

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Artículos Recientes

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    15/04/2024
    United Kingdom

    Fundamentally dishonest claimant’s claim dismissed: s.57 of the Criminal Justice & Courts Act 2015 in action

    In Kirsty Williams- Henry v Associated British Ports Holdings Ltd [2024] EWHC 806 (KB), a claimant who had sustained serious injuries following her fall from a pier in 2018 had her claim dismissed because the judge, applying s.57 of the Criminal Justice & Courts Act 2015, concluded that she had been fundamentally dishonest and that dismissing her claim would not cause “substantial injustice”.The claimant was found to have lied, seriously and repeatedly, in relation to her ongoing condition, and to have been wholly unrepentant when giving evidence. Her dishonesty was unravelled,...
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    15/04/2024
    United Kingdom

    New and improved, or is it? – The CQC’s Single Assessment Framework

    The new Care Quality Commission (CQC) single assessment framework is now in force for health and social care providers across England. As background, the new framework aims to provide a single vision of quality for the whole health and care system – you can read more about the changes in our previous article titled “Out with the old, in with the new – what do healthcare and social care service providers need to know about the CQC’s new single assessment framework?” – (here)[1]. So now that the framework has been fully rolled out to providers, how is it going...
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  •  
    12/04/2024
    United Kingdom

    NSTA releases much needed guidance on measurement of carbon dioxide and the content of Carbon Storage Permit Applications

    The North Sea Transition Authority (“NSTA”) is responsible for offshore carbon storage licensing and permitting in relation to the UK Continental Shelf (UKCS). Following the successful initial carbon storage licensing round in 2022, there are now over 21 offshore carbon storage licences in the UKCS. Only a limited number of these relate to the Track 1 and Track 2 CCS cluster projects which are expected to be now working towards key investment decisions. There remains significant uncertainty surrounding what the NSTA expects to receive from carbon storage licensees (including the Track...
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    12/04/2024
    Europe

    Navigating clinical trial disclosures: No reasonable expectation of success in a patient sub-population in view of prior art reporting phase III clinical trial (T 1437/21)

    Recent EPO Board of Appeal decision T 1437/21 adds to a growing number of decisions concerning the patentability of second or further medical use inventions where the prior art relates to a clinical trial. At a time when the European Medicines Agency (EMA) is requiring increased transparency for EU clinical trials, this case law is of increasing importance to those operating in the pharmaceutical space.In brief, this decision further supports the position that the disclosure of a clinical trial protocol does not always mean there is a reasonable expectation of success of achieving treatment. The...
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  •  
    12/04/2024
    International

    Oil & Gas: English court restrains foreign JOA proceedings in breach of arbitration provision

    In The Shell Petroleum Development Company of Nigeria Limited v Sunlink Energies and Resources Limited [2023] EWHC 3135 (Comm), the English Commercial Court demonstrated its willingness to ensure that a joint operating agreement’s arbitration provisions were preserved, and backed by real action by the court for a party seeking to circumvent them.BackgroundThe claimant, Shell Petroleum Development Company of Nigeria Limited (“SPDC”), and the defendant, Sunlink Energies and Resources Limited (“Sunlink”), were parties to a 2005 Joint Operating Agreement (the “JOA”)...
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  •  
    11/04/2024
    Europe

    Designs practice update: EU Court of Justice upholds Advocate General’s opinion on strict rules for design priority

    BackgroundIn our previous article (here), we discussed the opinion of Advocate General Capeta in EUIPO v The KaiKai Company Jaeger Wichmann. That opinion was provided following an appeal against the General Court’s ruling, which had held that the 12-month patent priority period could be applied to an EU design application claiming priority from a prior-filed PCT.By way of background, the European Intellectual Property Office (“EUIPO”) had rejected a priority claim by KaiKai Company for a Community Design application based on an earlier PCT patent, on the basis that it exceeded...
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