Articles - DAC Beachcroft

Articles by Mark Ashley

Three years: DAC Beachcroft successfully defends clinical negligence claim on grounds of limitation

Three years: DAC Beachcroft successfully defends clinical negligence claim on grounds of limitation

Defending a claim upon limitation grounds is known to be fraught with difficulty. However, in the right circumstances the Limitation Act 1980 can stil ...

The costs of commercial surrogacy: setting a principle or creating an exception?

The costs of commercial surrogacy: setting a principle or creating an exception?

Can a claimant recover damages sought in relation to a surrogacy service which, while being legal in the country in which it was intended that the ser ...

Mustard v Flower: Is it Fair Game for a Claimant to Covertly Record Examinations by Medical Experts?

Mustard v Flower: Is it Fair Game for a Claimant to Covertly Record Examinations by Medical Experts?

The question of what was said by a Claimant during an appointment with a medical expert can often become a key issue in clinical negligence claims, pa ...

Making a Difference: The Early Notification Scheme Progress Report

Making a Difference: The Early Notification Scheme Progress Report

Don’t miss NHS Resolution’s latest report: The Early Notification Scheme progress report: collaboration and improved experience for families which was ...

The unchanging chance of winning on No.7 - Trial success for the Defendant in surgery which would always have taken place

The unchanging chance of winning on No.7 - Trial success for the Defendant in surgery which would always have taken place

In the recent case of Pomphrey v. Secretary of State for Health and North Bristol NHS Trust [2019] 4 WLUK 483, where DAC Beachcroft acted for the Defe ...

Secrets and lies: dishonest exaggeration in clinical negligence claims

Secrets and lies: dishonest exaggeration in clinical negligence claims

NHS Resolution's recent success in the Lesley Elder case highlights the increasing importance of undertaking investigations where there are genuine qu ...

New Sepsis Requirement for NHS Trusts

New Sepsis Requirement for NHS Trusts

The NHS's fight against sepsis stepped up a gear on 1 April 2019, when its standard contract was amended to require all NHS Trusts in England to compl ...

Have the boundaries of vicarious liability been defined further?

Have the boundaries of vicarious liability been defined further?

The question of when businesses are and not vicariously liable for the actions of their employees and other people has been considered by the Courts i ...

Medical Professionals and the 'Right to be Forgotten': Developments Following Landmark Dutch Surgeon Decision

Medical Professionals and the 'Right to be Forgotten': Developments Following Landmark Dutch Surgeon Decision

The reputation of a healthcare professional has always been important. Today, healthcare professionals and providers must take increasing care of thei ...

Illegality and the recoverability of damages: a dangerous path

Illegality and the recoverability of damages: a dangerous path

XX v Whittington Hospital NHS Trust [2018] - What are the potential ramifications of the Court of appeals decision in terms of recoverability of damag ...