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Life Sciences and the Law - April 2023

Welcome to our Life Sciences and the Law newsletter

Welcome to our Life Sciences and the Law newsletter

We hope that you find the spring edition of our life sciences newsletter informative and insightful. 

There has been a lot of action recently particularly in relation to artificial intelligence (AI) and how this can be effectively regulated going forward. In this quarter’s edition you will find articles looking at the issue from both the EU and UK perspectives as the respective proposed approaches begin to diverge, with the UK signalling an intention to become a leading country for AI innovation. We review the EU AI Act and the UK’s recently published AI white paper. 

In other articles, we consider issues in relation to regulating cyber security risk in medical devices – Hill Dickinson partner Jamie Foster has co-authored a piece with Andy Watkin-Child, founding partner of Parava Security Solutions, on the topic. We also take a look at the latest position in the UK with efforts to expand local diagnostics approaches through the community diagnostics centre programme and ask whether social care workforces are ready for increasing digital approaches. 

In client news, we share details of a number of recent sector transactions on which we have advised, including the acquisition of a mobile health screening business by occupational health and wellbeing specialist PAM Group, advice provided to Scotland’s first medical production facility on a £2 million fundraise and the successful acquisition of a Greek company involved in the cultivation and production of THC-dominant strains of medical cannabis flowers. Our multidisciplinary teams have also advised on two exciting projects in Liverpool – the purchase by the Liverpool School of Tropical Medicine of a key life science building in the city’s health campus, and the acquisition by the Clatterbridge Cancer Centre NHS Foundation Trust of a new community diagnostic centre. 

Our industry news in brief provides some short updates on a variety of recent developments for the sector and our Meet the Team spot this quarter introduces you to Hill Dickinson’s ESG senior analyst, Dr Ariel Edesess explaining her role with us, and the benefits it brings to our clients and workplace community. 

Enjoy the read and if you have any comments or requests, please get in touch – your feedback on the newsletter is also always welcome.
 

  • News and views – what you need to know

    Technology robot

    AI White Paper published – signalling a ‘pro-innovation approach’ to AI regulation

    The UK government’s White Paper – ‘A pro-innovation approach to AI regulation’ sets out an intention to implement a ‘flexible’ outcome-oriented approach to AI regulation positioning the UK as a leading country for AI innovation. Five principles are intended to underpin the regulatory framework and appropriately manage AI risks… Read more

    The EU’s AI Act – what does it mean, and what is happening in the UK?

    It is widely accepted globally that Artificial Intelligence (AI) can bring a wide array of economic and societal benefits, both for individuals and for the public interest. At the same time, the use of AI gives rise to certain risks including the risk of bias, risk to safety and potentially to personal freedoms. The use of AI can also create uncertainty in relation to the monitoring of compliance with the law (including data protection law), liability and intellectual property rights… Read more

    Medtech

    Regulating cyber security risk in medical devices

    Reliance on digital infrastructure is creating increasing cyber risks for all organisations, and for those operating in the healthcare sector this includes the risk inherent in medical devices which rely on software. The US recently passed a law requiring medical devices to meet cyber security standards for Food and Drug Administration (FDA) authorisation, and the EU and UK are moving in the same direction…  Read more 

    Hospital scan

    Increasing NHS diagnostics speed and capacity – the role of community diagnostics centres

    The NHS 2023/24 priorities and operational planning guidance was released just before Christmas 2022. In this NHSE sets out targets for the year ahead together with some detail of how these may be achieved. Key objectives for the year are to…  Read more 

    Digitalising social care: is your workforce ready?

    The digitalisation of the care sector is a rapidly growing phenomenon which presents an opportunity for social care providers to revolutionise the quality of care provided to service users. It is clear that for social care providers to be able to adopt and embrace such technologies effectively that they require a workforce that is willing and ready to implement the ‘digitalisation’ of social care….  Read more 

  • Client news

    Hill Dickinson advises PAM Group on health screening business acquisition 

    Hill Dickinson’s Manchester corporate team advised occupational health and wellbeing specialist PAM Group on the acquisition of mobile health screening business MedProtect. PAM Group is one of the largest occupational health, employee assistance programme and wellbeing providers in the UK, employing more than 700 people and backed by private equity firm LDC. Read more


    Advising Hilltop Leaf on second successful fundraise

    We have recently advised Scotland’s first medical cannabis production facility on a £2 million fundraise from UK investment house Traditum Private Equity and a number of private investors. The funding enables Hilltop Leaf to scale its infrastructure for the specialist prescription market and to begin commercial sales. Read more about the work and the Hill Dickinson team involved here.


    Hill Dickinson advises first medical cannabis cultivator Hellenic Dynamics on successful LSE listing

    Our London corporate team, with international support from our Piraeus office advised the board of Hellenic Dynamics plc (formerly UK SPAC plc) on its successful acquisition of Hellenic Dynamics SA, a Greek company involved in the cultivation and production of THC-dominant strains of medical cannabis flowers. The deal represents a landmark development, as Hellenic Dynamics will become the first medical cannabis cultivator to obtain a Main Market listing. Read more


    Liverpool School of Tropical Medicine completes £ multi-million acquisition of Accelerator building

    A multidisciplinary team of Hill Dickinson lawyers recently advised Liverpool School of Tropical Medicine (LSTM) on its purchase of a key life science building in the city’s health campus. The high-spec Accelerator building will add significant capacity to LSTM’s existing research capability as well as offering lettable space to inventors, enterprises and entrepreneurs engaged in research and development activity in the fields of medical and life sciences. Read more about the acquisition and its benefits here.


    Hill Dickinson advises the Clatterbridge Cancer Centre on new NHS community diagnostic centre

    Members of Hill Dickinson’s healthcare commercial and property teams recently advised the Clatterbridge Cancer Centre NHS Foundation Trust on its acquisition of the formerly privately-run Rutherford Cancer Centre in Liverpool. The transaction provides the trust with additional state-of-the-art capacity, and the local population with earlier access to vital diagnostic services. Read more about the acquisition and our work on this here.


    Hill Dickinson shortlisted for HealthInvestor’s award

    We are delighted to announce that we have been shortlisted for HealthInvestor’s Private Legal Advisors of the Year award! The awards evening is in June where we will find out if we have made the top spot – if you are going to be there, please reach out to Jamie Foster so that we can make sure to say hello. More details about the event here.

  • Industry news in brief

    Update on extension of EU Medical Device Regulations transition period

    The European Parliament will extend the transition period for the EU Medical Device Regulation, introducing more time to certify certain devices. This responds to challenges in capacity avoiding shortages of medical devices. The MHRA intends to publish guidance on the implications of these revisions for acceptance of CE marked devices on the Great Britain market. More here


    Further recommendations from Sir Patrick Vallance expected in May

    Following his March 2023 report as part of the Pro-Innovation Regulation of Technologies review, the Government’s Chief Scientific Adviser, Sir Patrick Vallance is expected to report separately on regulatory changes for the life sciences sector in May. In the meantime, in a recent letter to the Chancellor in advance of the spring budget (see our update below), he recommended that the MHRA and NICE “adopt a broader approach to the mutual recognition of products already approved by trusted international partner organisations, particularly for well-established technologies”. According to Sir Patrick, the approach should operate in tandem with the domestic approval route and will enable the MHRA and other bodies to focus efforts on supporting other innovation. 


    Spring budget delivers £10 million extra funding for the MHRA

    The March 2023 budget announced £10 million of extra funding for the MHRA across the next two years to “maximise its use of Brexit freedoms and accelerate patient access to treatment”. It is expected to put in place a “fully operational swift approval process for the most impactful medicines and technologies”. According to the budget announcement the MHRA will also explore partnerships with agencies in the US, Europe and Japan to “provide simple, rapid approvals for medicines and technologies from 2024”. The Chancellor’s statement expanded on this to confirm that the MHRA’s new model, in place from 2024 will involve providing “near automatic” sign off for technologies already approved by “trusted regulators” abroad. 


    Faster approvals for UK clinical trials 

    Following public consultation, a Government press release has confirmed plans for the MHRA to introduce a series of measures via legislative changes to make it faster and easier to gain approval and run clinical trials in the UK. The announcement pitches these changes as the “biggest overhaul in UK clinical trials regulation in over 20 years” and notes that under a new framework, the clinical trials application process will be “more proportionate, streamlined and flexible” without safety compromises. The aim is to cement the UK as an attractive destination for trials. Plans include the MHRA being required to complete its application review within a maximum of 30 days in general, and 10 calendar days for a decision once any final information has been received. 


    Commercial clinical trials review by Lord O’Shaughnessy

    Separate from the above announcement regarding legislative change to the clinical trial process, but aligned with it, is a review led by former health Minister Lord O’Shaughnessy looking at the commercial clinical trials landscape. A press release by the Office for Life Sciences confirms that the review, expected this spring will “offer recommendations on how commercial clinical trials can help the life sciences sector unlock UK growth and investment opportunities” and will also advise on resolving “key challenges in conducting commercial clinical trials in the UK.”

  • Q&A with Dr Ariel Edesess

    Ariel Edesess | Hill Dickinson

    Introducing Ariel Edesess, ESG Senior Analyst

    Meet Dr Ariel Edesess, Hill Dickinson’s ESG senior analyst. In this Q&A Ariel explores how ESG concerns impact work being pursued within the life sciences sector and explains a bit about her role with Hill Dickinson and the benefits it brings to our workplace community and clients. Read more

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Our life sciences team provides practical, commercial legal advice to companies at all stages of development, from start-up to established multinational.

We support clients from an idea in a lab, to helping incorporate the company, raising capital, protecting and licensing intellectual property, signing strategic partnerships and, ultimately, commercialising life-changing treatments and technologies.

We also help clients navigate a legal and regulatory landscape that is continuously evolving in response to innovation as well as societal and ethical challenges.

Our interdisciplinary team blends insight and pragmatism to provide high-quality, trusted advice to some of the world’s leading life sciences companies.

Areas of expertise in which we work include biotech, pharma, cell and gene therapies, medtech and medical devices, medical cannabis and psychedelic medicine, agritech and alternative proteins, IVF and reproductive technologies and embryo research.