The UK Government recently published its AI policy paper, “Establishing a pro-innovation approach to regulating AI”. The paper sets out the policy the Government intends to pursue in the regulation of AI and adopts an interesting approach to the policing of a fast changing and constantly evolving sector.
The scope of the duty of care owed by a clinician to a patient has been an evolving issue before the Courts. It has now been revisited by the Outer House of the Court of Session in the case of SD as Legal Representative of LD v Grampian Health Board, 2022. The decision is of relevance to those practicing in both clinical negligence and professional indemnity claims as it revisits the question of the scope of duty of care as explored in the case of Khan v Meadows 2021 UK SC21.
The Outer House of the Court of Session’s decision in the Petition of Robert Bartosik [2022] CSOH 55 is one of a relatively limited number of Scottish decisions regarding breaches of the data protection principles. It provides a helpful glimpse into the court’s approach to the data protection principles and illustrates a willingness to consider the wider impacts of the processing, as well as an increasing scrutiny of the distress that breaches can cause.
While QOCS (Qualified One-Way Costs Shifting) in Scotland is still in the process of ‘bedding in’ and we await some degree of guidance as to where the boundary likely will lie in relation to the removal of the costs protection afforded to pursuers, the decision in Sharon Cossey v The Buccleuch Estates Ltd [2022] CSOH 50 albeit pre-QOCS, makes for interesting reading.
The Scottish COVID-19 Public Inquiry will examine the strategic response to the pandemic in Scotland. The Inquiry will look at the handling of the pandemic and its impact, with the aim of identifying actions that had a positive effect, and making recommendations where things could have been done differently.