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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

Hugh James—Phil Edwards

Hugh James—Phil Edwards

Serious injury teambolstered by high-profile partner hire

Freeths—Melanie Stancliffe

Freeths—Melanie Stancliffe

Firm strengthens employment team with partner hire

DAC Beachcroft—Tim Barr

DAC Beachcroft—Tim Barr

Lawyers’ liability practice strengthened with partner appointment in London

NEWS
Tech companies will be legally required to prevent material that encourages or assists serious self-harm appearing on their platforms, under Online Safety Act 2023 regulations due to come into force in the autumn
Commercial leasehold, the defence of insanity and ‘consent’ in the criminal law are among the next tranche of projects for the Law Commission
The Bar has a culture of ‘impunity’ and ‘collusive bystanding’ in which making a complaint is deemed career-ending due to a ‘cohort of untouchables’ at the top, Baroness Harriet Harman KC has found
Lawyers have broadly welcomed plans to electronically tag up to 22,000 more offenders, scrap most prison terms below a year and make prisoners ‘earn’ early release
David Lammy, Ellie Reeves and Baroness Levitt have taken up office at the Ministry of Justice, following the cabinet reshuffle
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