Articles - DAC Beachcroft

Articles by Mark Ashley

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 ...

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 ...

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 ...

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

The recent Court of Appeal decision in XX v Whittington Hospital NHS Trust [2018] EWCA Civ 2832 has attracted far less comment than might have been ex ...

Supreme Court finds Hospital liable for inaccurate waiting time information given in A&E - Darnley v Croydon Health Services NHS Trust [2018] UKSC 50

Supreme Court finds Hospital liable for inaccurate waiting time information given in A&E - Darnley v Croydon Health Services NHS Trust [2018] UKSC 50

The long awaited decision in Darnley v Croydon Health Services NHS Trust was handed down by the Supreme Court yesterday. This case goes to the very he ...

No compensation for loss arising from a claimant's criminal activity: Part 2

No compensation for loss arising from a claimant's criminal activity: Part 2

In December 2016 we successfully defended a clinical negligence claim where the Claimant's loss arose from her own criminal conduct. The Claimant alle ...

Exaggeration and dishonesty does not pay!

Exaggeration and dishonesty does not pay!

Summary In this briefing we consider the impact of Calderdale and Huddersfield NHS Foundation Trust v Sandip Singh Atwal [2018] EWCH 961 (QB) a clinic ...

Forthcoming Changes to the Discount Rate

Forthcoming Changes to the Discount Rate

The Government has now explained how its proposed Discount Rate will be reviewed, and has opened the door for other changes to how claimants in person ...

Non-delegable duties: Do they apply to prison healthcare?

Non-delegable duties: Do they apply to prison healthcare?

Practice points The Ministry of Justice is not subject to a non-delegable duty in respect of the provision of healthcare to prisoners because it has ...