Articles - DAC Beachcroft

Articles by Mark Ashley

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 ...

Bereavement damages and cohabitees

Bereavement damages and cohabitees

Yesterday the Court of Appeal gave its judgment in the case of Jacqueline Smith v Lancashire Teaching Hospitals NHS Foundation Trust and others [2017] ...

The last-minute change of plan: How courts are no longer easing the path for late amendments

The last-minute change of plan: How courts are no longer easing the path for late amendments

Late amendments to Particulars of Claim involving the introduction of new allegations can result in cost and inconvenience to both parties. Historical ...

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

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

DAC Beachcroft has successfully defended a clinical negligence claim where the Claimant's loss arose from her own criminal conduct. Conduct which, it ...

MedMal – Claims against sports specialists

MedMal – Claims against sports specialists

Elite level sport is an increasingly high stakes game. Sportspeople strive for success and the rewards that can accompany it and are often backed by s ...

Calculating future losses in Fatal Accidents Act claims: From the date of death, or the date of trial?

Calculating future losses in Fatal Accidents Act claims: From the date of death, or the date of trial?

As a result of the Supreme Court’s decision in the case of Knauer v Ministry of Justice (handed down today), claims brought under the Fatal Accidents ...