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NLJ this week: Neurotech & future risks in product liability

13 December 2024
Issue: 8098 / Categories: Legal News , Technology , Artificial intelligence , Consumer , Health & safety
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Your mind is not a kettle. Product liability and neurotechnology is the subject of Crown Office Chambers barrister Harry Lambert’s fifth article in his astonishing series on neurotech law, in this week’s NLJ.

While the Consumer Protection Act offers robust protection against defective products, ‘the rapid advancement of neurotechnology presents unprecedented challenges to this framework’, writes Lambert, founder and head of the Centre for Neurotechnology & Law. He explores three areas where the Act’s limitations become ‘starkly apparent’, for example, ‘the inherent plasticity of the brain and the consequently insidious, long-term risks of neurotechnology use, especially in children’.  

What is a ‘defect’? Due to incredible advances in neurotechnology, key legal definitions may need an update. Lambert explains the tech that exists or is on its way, and the gaps in the law arising as a result.

He writes: ‘The accumulation of micro-injuries from invasive neurostimulation may not present symptoms until significant damage occurs. The same is true of subtle neurotransmitter imbalances which may not present obvious symptoms initially, but can lead to mood disorders or cognitive dysfunction over time.’ 

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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