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News 2019
Testimonial Academic Appeal Medical Student - December 2019
Third year medical student studying on the Medicine and Surgery MBBS degree course - unfairness and unconscious bias during placement led to the student’s professionalism being called into question in circumstances that were unfair and unjust with no basis; yet far reaching consequences - a competitor law firm drafted level 1 and level 2 appeals unsuccessfully - by the time RT Coopers got involved the chances of success were slim - RT Coopers worked with the student during long hours to prepare the level 3 review pulling out all the stops - the grounds of appeal were procedural Irregularities and unreasonableness - the university held that there were grounds for a level 3 review and a fresh investigation of the appeal had to be conducted - the adjudicator has decided that there are sufficient grounds to refer the case to the board of examiners to ratify the decision - positive outcome so far
'Amazing law firm. Highly recommend Rosanna Cooper for any academic appeal. Had an experience with a lawyer before Rosanna and the difference was staggering. Rosanna kept in contact with me from start to finish. Making the long stressful process of an appeal that lasted 4 months that little bit easier. Rosanna is a perfectionist and stayed on the phone with me for hours on end to really get under the nitty gritty details of my appeal. Her attention to detail and scientific approach made a great appeal and would recommend to anyone searching for a lawyer for an academic appeal to University'. MA Air
Testimonail Media
Film Production
'I am writing to firstly say thank you for a smooth and supportive experience in the contract world and wouldn’t hesitate to recommend RT Coopers to anyone. A top class, first rate service which I am sure I will be using again and again when the need arises. Kindest regards to all at your wonderful firm. Thank You.' William Steel, Director, A-Rapture Film Production Limited
Testimonail Media November 2019
Music Contracts
'We were in a difficult situation where we needed a music lawyer to advise us on a set of Music Contracts that had been given to our son. All our dealings with RT Coopers were online or on the phone so we were nervous that this arrangement would be legitimate and professional. How fortunate we were! From the outset, Matthew and the team were experienced, reliable and supportive. They were up front with all their dealings, so that we knew costs and time scales before committing ourselves. If we needed to speak to someone, we were always able to contact them and received replies quickly. Matthew explained everything that we needed to know in detail so that we could understand. We couldn't have managed without them and the firm was a godsend to us. I would highly recommend RT Coopers to give quality advise and action. Thanks again'. Nathan Warnes
Testimonial - Veterinary Student, October 2019
PhD Veterinary Student - deferred studies due to extenuating circumstances - university refused readmission - RT Coopers held face to face consultation with student to particularise the grounds of appeal - RT Coopers drafted appeal which was rejected by the university - RT Coopers drafted OIA Complaint as completion of procedures letter issued by university in relation to the appeal - RT Coopers drafted complaint and requested the OIA to stay the outcome of the OIA complaint (against the appeal) pending the decision of the university complaint - RT Coopers drafted a second complaint to the OIA and requested the OIA to consider both complaints together - OIA held case was partially justified
RT Coopers Solicitors have brilliantly and tirelessly represented me in a medical/disability discrimination complaint that was filed with the University and OIA. After a year of getting nowhere on my own against an uncompassionate School and Faculty, I was fortunate to find this legal team to represent me. Their compassion and understanding of my situation was overwhelming. For the first time, I felt like someone listened and understood. Their knowledge of University rules and regulations has allowed them to move a complaint forward that appeared to have been dismissed by the highest levels of the University. Rosanna was always willing to speak to me when a decision was made that she feared I would find distressing and explain the true ramifications of the situation. This would put my mind at rest and focus me on the next step in the process. RT Coopers Solicitors took over the stressful and horrible task of fighting for my right to stay at the University and allowed me to focus on my medical recovery from cancer. Before contacting Rosanna, I spent countless hours (around medical appointments) speaking to my University Student Representatives who tried to assist me, but were not equipped to deal with ‘real life’ crises. My formal complaints were dismissed by uncompassionate and sometimes cruel-acting Faculty members.
Rosanna composed and filed brilliant complaints demonstrating the injustice of the Faculty’s treatment toward me and the faults in previous University decisions. I am now waiting for a final outcome. Although I hope to be able to return to my PhD Studentship, the outcome no longer matters. By allowing Rosanna to take over the stressful complaint process, I have been able to heal and forgive. I have taken the first steps towards medical health and am hopeful of finding a professional future. I am ready to put the University nightmare behind me. I cannot thank RT Coopers or recommend them highly enough. Rosanna is strength, compassion, and brilliance. I am forever grateful. Yours Sincerely.' SH
Testimonial - Medical Student, September 2019
Second year Medical student studying the Non-Modular Degrees of Bachelor of Medicine and Bachelor of Surgery- marginally failed the resit for the clinical paper -did not submit extenuating circumstances form - withdrawn from the MBBCh - RT Coopers held face to face consultation with IM to particularise the grounds of appeal - RT Coopers drafted appeal against the decision to withdraw IM from the MBBCh
'The help and support I received from Rosanna is more than I could have asked for. I am so grateful of the true care she put into my case and the support and advice she gave me throughout the entire process. I would like to just say thank you for being so kind and thinking about every decision in this case with such care. If I could give more than five stars I would. I was so happy with the guidance given to me from day one as to what evidence I needed to look into as well as the aspects of my case I needed to look into deeper. If it wasn’t for Rosanna I would have been completely overwhelmed and lost with getting back into university. Thanks again'. IM
Testimonial - Medical Student, August 2019
Second year Medical student studying for the Non-Modular Degrees of Bachelor of Medicine and Bachelor of Surgery - marginally failed resit - did not submit extenuating circumstances form - withdrawn from the MBBCh - given a Certificate of Higher Education by the University - RT Coopers held face to face consultation with ND to particularise the grounds of appeal - RT Coopers drafted academic appeal on grounds of procedural irregularities and extenuating circumstances - academic appeal successful - allowed to return in September instead of retaking the year
'Would just like to let you know that I’ve been re-instated at University for medicine, and will be going back this September! Thank you so so much for your help, I can’t thank you enough, it has allowed me back on to my dream course and hopefully I’ll become a doctor! (Fingers crossed)'. ND
Testimonial - Pharmacy MPharm - August 2019
Final year Pharmacy MPharm (Hons) student excluded after 5 years of studying pharmacy - accused of academic misconduct - extremely harsh penalty as this was a minor examination incident - university had wrongly interpreted its regulations on academic misconduct – university took a tough stance – by the time RT Coopers were instructed it seemed that there was no chance of obtaining the MPharm - following face to face consultation with student to particularise the grounds of appeal, RT Cooper drafted stage 2 appeal against Panel's decision – RT Coopers guided the student to escalate the case as there were other factors that had to be explored at a higher level within the university in case such factors had impacted on the decision of the Panel – RT Coopers continued to provide guidance and support throughout the whole process (sometimes it seemed bleak) – eventually the university changed its regulation as a direct result of this case in order to allow the student to have a final attempt at the exam in question (unprecedented) - registration to the GPhC was also reinstated
'I would like to give a personal testimonial for the excellent service I received from RT Coopers. I met Rosanna after I spoke with several solicitors. seeking legal help regarding my situation with the University. With all the other solicitors/barristers I felt belittled by them but not with Rosanna Cooper. Rosanna and her team made me feel welcome. She understands me so perfectly that I feel she knew me for many years. Although Rosanna was friendly, she always remained professional. Her attitude towards my case was honest and professional. Despite the difficulties of my case and after the rejection of my appeal by the University, Rosanna offered support and faith. From a situation where the University decision was to terminate my Registration, Rosanna transformed it into a successful appeal. She worked exceptionally hard and paid attention to every small detail of my situation my registration was re-in-stated. There were times when I rang Rosanna out of hours, but she was always on hand to listen and encourage. I strongly recommend RT Coopers to students as I know they will not only make you feel welcome and important, through hard work and determination, you will have a greater chance of winning your case. Rosanna was an angel. Thank you so much Rosanna and God Bless You’. Miss O.I.E.
Testimonial - Media and Entertainment Law July 2019
Screenplay
'Working with RT Coopers Solicitors to liaise with the film industry regarding my screenplays has been a pleasure. Matthew’s polished, professional approach and personalised guidance, along with considerable industry understanding and expertise, have fostered a deep sense of trust in the firm, such that I am delighted to continue to work with RT Coopers. With great care and tenacity, Matthew sought and achieved a response from a highly respected producer, without which I would have been unable to progress in the industry. I rate RT Coopers Solicitors as 5 star, and I look forward to further work with them. Thanks and best wishes'. Sally
Recently, the Commission Regulation (EU) 2018/2005 (‘Regulations’) came into force imposing restrictions on the use of four phthalates namely bis(2-ethylhexyl) phthalate (‘DEHP’), dibutyl phthalate (‘DBP’), benzyl butyl phthalate (‘BBP’) and diisobutyl phthalate (‘DIBP’) (collectively referred to as ‘phthalate’) in Plasticised Materials.
The Regulations amend Entry 51 of Annex XVII to Regulation (EC) No 1907/2006 in connection with the Registration, Evaluation, Authorisation and Restriction of Chemicals (‘Reach Regulation’) with regard to the phthalate.
On 16 April 2019, the General Pharmaceutical Council (‘GPhC’) published further safeguards in relation to online pharmacies with the aim of protecting patients and other members of the public (‘the public’) when obtaining medicines online. The guidance is entitled ‘Guidance for Registered Pharmacies providing Pharmacy Services at a Distance including on the Internet’ (‘Guidance’).
All highlighted areas in this article have been extracted from the Guidance published by the GPhC and the GPhC is the owner of the copyright in such extracted material.
Because of changes in society and advances in technology, different ways of providing pharmacy services are becoming more common.
This guidance explains what pharmacy owners should consider before deciding whether any parts of their pharmacy service can be provided safely and effectively at a distance (including on the internet), rather than in the traditional face-to-face way.
… Pharmacy owners must also make sure they keep to all the laws that apply to pharmacies. This includes the law on supplying and advertising medicines, new consumer information for online sales, and data protection.
…Not following this guidance, or not taking the appropriate steps to achieve a desired outcome under our standards, could mean that you fail to meet one or more of the standards for registered pharmacies. This could result in our taking enforcement action.
Settlement Agreement - senior executive approached RT Coopers as JG wanted to leave employment of multinational corporation ('corporation') with an excellent package - RT Coopers made the approach to the corporation on behalf of JG - tough negotiations with corporation - Excellent Package beyond expectations of JG - June 2019
'Rosanna and the team are truly excellent at what they do. The firm is thoroughly professional and goes above and beyond, during a time of need. The lawyers care about their clients and want to ensure they gain the best solution and outcome for their clients. My situation required great skill and diplomacy to ensure an outcome for myself which was to leave my employer due to the increasing pressures of the job and the impact on quality of life as they had become untenable. I was highly regarded and was hugely successful but desired to leave as amicably as possible with a settlement to support my future ventures. Rosanna took her time to understand the complexities of my situation and understand the people I worked with and personally took time to put a strong case together and reached out to my employers and proposed our plan which was me wishing to leave with a settlement. It was important to me do that amicably and fairly with no animosity on both sides, in essence I got what I asked for with some back and forth. Rosanna never stopped fighting my corner and was such a huge support to me and took away all the strain and pressure throughout the whole process as she always checked on me throughout personally and always whilst negotiating on my behalf.
Rosanna was such a support emotionally to me and my family and always responded via phone / email when I needed her and was always available to me and my family. She is extremely dedicated and a good listener and takes her time to really get to the bottom of a case to ensure she is fully equipped with the knowledge she needs to ensure the outcome her client desires.
If I could give a TEN I would !!! Five out of Five ! If you need a lawyer I can’t stress you don’t need to look any further Rosanna is superb !
Thank you personally from me and my family - you’ve ensured my health has restored and I have now time with my family and have now a new venture to build enabling me to still work but also most importantly be a mother and wife to my family thank you.' JG
More
Pharmaceuticals: Suspected Anti-competitive Agreements - Statement of Objections - May 2019
On 23 May 2019, the Competition and Markets Authority (‘CMA’) issued a statement of objections alleging that Focus Pharmaceuticals, Medreich, Alliance Pharmaceuticals and Lexon breached UK and EU competition law by allegedly entering into anti-competitive agreements in relation to the supply of a prescription-only drug called Prochlorperazine 3mg dissolvable or buccal tablets (‘Buccal’) in the UK. Buccal is used to treat nausea and dizziness.
...'The Statement of Objections is addressed to: (i) Alliance Pharmaceuticals Limited and Alliance Pharma plc; (ii) Focus Pharmaceuticals Limited, Focus Pharma Holdings Limited, Mercury Pharma Group Limited, Concordia Investment Holdings (UK) Limited, Concordia Investments (Jersey) Limited and Advanz Pharma Corporation; (iii) Cinven Capital Management (V) General Partner Limited, Cinven (Luxco 1) S.A. and Cinven Partners LLP; (iv) Lexon (UK) Limited and Lexon UK Holdings Limited; and (v) Medreich plc, Medreich Ltd, Meiji Seika Pharma Co. Ltd and Meiji Holdings Co. Ltd.
In this Statement of Objections, the CMA proposes to find (in some cases for part of the time period under investigation) that the following legal entities formed part of: (i) the undertaking referred to as Alliance Pharmaceuticals - Alliance Pharmaceuticals Limited and Alliance Pharma plc; (ii) the undertaking referred to as Focus - Focus Pharmaceuticals Limited, Focus Pharma Holdings Limited, Mercury Pharma Group Limited, Concordia Investment Holdings (UK) Limited, Concordia Investments (Jersey) Limited, Advanz Pharma Corporation, Cinven Capital Management (V) General Partner Limited, Cinven (Luxco 1) S.A. and Cinven Partners LLP; (iii) the undertaking referred to as Lexon - Lexon (UK) Limited and Lexon UK Holdings Limited; and (iv) the undertaking referred to as Medreich - Medreich plc, Medreich Ltd, Meiji Seika Pharma Co. Ltd and Meiji Holdings Co. Ltd...'
Our Sports and Exercise Medicine lawyers have the skills and expertise to advise and assist you, if you are a specialty doctor in the field of Sports and Exercise Medicine (SEM). Our SEM lawyers are familiar with the curriculum of the Joint Royal Colleges of Physicians Training Board (JRCPTB), the process of training and the competencies you need to achieve in order to be awarded a certificate of completion of training (CCT) to be able to practise independently as a consultant in SEM. We are leading experts and our role is to ensure that you succeed when going through the process of training and that you meet your competencies to become an SEM consultant whether you are doing core or higher specialty training as a full time or Less Than Full Time Trainee.
The Intellectual Property Office (IPO) recently issued guidance on changes to registered design, design rights and international design and European Union Trade Marks (‘EUTM’) if the UK leaves the EU without a deal in place (‘Guidance’).
The Guidance covers the jurisdictions of England; Northern Ireland; Scotland and Wales. All changes will take effect at the time that the UK ceases to be a Member State of the European Union.
Changes
- Introduction of The Designs and International Trade Marks (Amendment etc.) (EU Exit) Regulations 2019
- UK businesses will have to obtain registered design protection in the remaining 27 Member States of the EU through an application to the EUIPO.
- Businesses from the EU and worldwide will have to apply for a UK registered design through the IPO.
- UK to create re-registered UK designs at no cost to the RCD holder.
- The number allocated to the re-registered design will consist of the full RCD number prefixed with the digit ‘9’.
- If you hold a pending RCD application on exit day, you will be able to apply for a UK registered design. You will be able to claim the earlier filing date and any priority date of the corresponding RCD application.
- As a re-registered design holder you may opt out in limited circumstances.
- Changes to renewals of design registrations and re-registered designs.
- Creation of UK Supplementary Unregistered Designs..
- The Intellectual Property (Exhaustion of Rights) (EU Exit) Regulations 2018, maintain the existing approach by setting out that the question of whether a product has been lawfully placed into free circulation will be assessed in relation to the same geographical area i.e. the EEA together with the UK.
- After exit, qualification for the design right will be limited to persons resident in, and business formed under the laws of the UK or a qualifying country.
- Creation of the re-registered international design at no cost to the registered international design holder.
- Under the new law, an international registration that is deferred on exit day will be treated as being equivalent to a pending application.
- Creation of the comparable UK trade mark (IR) at no cost to the holder.
Testimonial - April 2019
PhD student at university 5 years studying for a PhD in Psychology - submitted thesis and failed first viva - asked by examiners to resubmit for PhD without requirement for second viva - on resubmission of thesis no award granted - RT Coopers worked with student to draft a strong appeal - on receipt of the appeal the university dispensed with the need for a hearing - successful outcome - student given the opportunity to resubmit thesis for a fresh viva with fresh examiners
'I came to Dr. Rosanna Cooper of RT Coopers when I was given fail for my PhD. I passed my first submission with resubmission but in the second exam, I was given fail with no awards. I did my PhD in Psychology for 5 years altogether. It was an extremely painful, dark and exhausting journey. After 5 years of battle with my PhD, I was tired and losing all my ambition. I knew I needed to fight, but I was completely unsure if I could win. I spoke to a lot of different law firms and just searching aimlessly and not knowing what to expect at all. Dr. Cooper spent a long time on the phone with me when I first rang up. She ironed out a lot of the details for my case and I started to get the confidence back a little bit after the first phone call. Her suggestions had completely opened my mind about how to approach the appeal. I then met her in person to discuss in more details about the case. I was very glad we did so as she is probably one of the most impressive persons I’ve met. She just sees things through and knows how to win the case! You will know you are in safe hands when you meet her! More
Manufactured Goods
Placing manufactured goods on the EU and UK internal markets-no deal Brexit guidance, March 2019
On 19 March 2019, the Department for Business, Energy and Industrial Strategy (BEIS)
published guidance for businesses placing manufactured goods on the EU and UK internal markets. The focus is on placing manufactured goods on the EU internal market if there's no deal and placing manufactured goods on the UK market if there's no Brexit deal.
Major changes
- Businesses will be able to place goods on the UK market using either the CE or the new UK conformity marking (“UKCA mark”) for a limited time after 29 March 2019.
- Change of status from distributor to importer after EU Exit.
- Transitional Period: There will be an 18-month transitional period from 29 March 2019 allowing importers importing goods from the EU or EEA to provide their details on the accompanying documentation rather than on the product label.
- New authorised representative must be based in the UK.
- After 29 March 2019 the mutual recognition principle will not apply to non-harmonised goods placed on the UK market.
- If you are a non-UK business exporting non-harmonised goods to the UK after 29 March 2019 you will need to make sure that the goods meet UK national requirements, regardless of whether they were previously lawfully marketed in another EU country or in the UK.
What you will need to do after EU Exit will depend on whether your goods are:
- Regulated under the new approach
- Regulated under the old approach
- Non-harmonised goods subject to national regulation
The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019, SI 2019 No.521 (“Regulations”) were published on 11 March 2019 and will come into force on exit day amending SI 1998/3132. The Regulations extend to England and Wales. The enabling power is afforded by the European Union (Withdrawal) Act 2018, s 8(1) (“2018 Act”). The Regulations are made in preparation for Brexit. The Regulations are intended to apply in the event of no deal withdrawal by the UK from the European Union.
MHRA submissions if NO DEAL BREXIT guidance: Making submissions to the MHRA in a no deal scenario- March 2019
On 5 March 2019, the Medicines and Healthcare Products Regulatory Agency (“MHRA”) published new guidance in the event that the UK leaves the EU without a deal in place and you are a stakeholder intending to make submissions in connection with human medicines.
The guidance published by the MHRA has has been published to assist stakeholders in preparing for a no deal Brexit: In the event of a stakeholder having to make submissions to the MHRA if there is a no deal Brexit.
Post Brexit: Government announces new measures for workers' rights
On 6 March 2019, the Prime Minister's Office (The Department for Exiting the European Union) announced new protection for workers’ right after Brexit to be introduced in the Withdrawal Agreement Bill. The measures comprise:
- Commitment not to reduce the standards of workers' rights from EU laws retained in UK law
- Parliament will be given the right to consider any future changes in EU law that strengthen workers' rights or workplace health and safety standards and vote to adopt them into UK law.
We have reproduced extracts from the publication below:
Workers’ rights The UK has a long-standing record of ensuring that workers’ rights are protected. This includes employment and equality rights and protections for health and safety at work. The decision to leave the EU does not change this. This Government has made a firm commitment to protect workers’ rights, and to maintain protections covered in the Equality Acts. In a number of areas, UK employment law already goes further than the minimum standards set out in EU legislation. This Government has committed to protect the rights people have at work and ensure that they keep pace with the changing labour market. The Withdrawal Bill will ensure that EU-derived employment rights will continue to be available in domestic law after the UK has left the EU. This includes rights derived from EU law, such as the Working Time Directive and the Agency Workers’ Directive. This will give certainty and continuity to employees and employers alike, creating stability in which the UK can grow and thrive. Where protections are provided by the EU treaties they will also be retained by the Bill. And where rights have been interpreted by CJEU judgments, those judgments will have the same precedent status as the Supreme Court’s own judgments. On Monday 11 December 2017, the Government published two pieces of draft secondary legislation (here and here) and an explanatory note on employment rights. These two draft SIs are illustrative examples to show how the powers in the Bill may be used to correct retained law relating to employment rights. They should not be taken as the final version. This Government is also committed to ensuring that equalities are properly protected in UK legislation following our withdrawal from the EU. All the protections covered in the Equality Act 2006, the Equality Act 2010 and equivalent legislation in Northern Ireland will continue to apply once the UK has left the EU.
Any future changes to domestic legislation will be subject to the appropriate parliamentary scrutiny. As part of this, following an amendment made in the House of Commons, ministers will be required to make statements about the impact on equalities legislation of any secondary legislation made under key powers in the Bill.
Third year MPharm student. Failed Assessment on three attempts and excluded from university. Appealed against decision. Appeal rejected. RT Coopers advised and assisted student in particular in connection with the new evidence that had to be adduced and drafted a fresh academic appeal. Student is returning to MPharm course in 2019 as appeal was successful
'Dr Rosanna Cooper and her team were brilliant. They dragged me kicking and screaming through a lengthy complicated appeal process. No stone was left unturned and such fine attention to detail paid off with a successful result. We recommend them highly without any hesitation. Thanks'. Mo
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