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13 December 2024
Issue: 8098 / Categories: Legal News , Technology , Artificial intelligence , Consumer , Health & safety
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NLJ this week: Neurotech & future risks in product liability

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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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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