How to prepare for remote hearings and Trials during the pandemic By Mark Ashley, Benjamin Newall, On 22 March 2020, the Judiciary published a Protocol on how to conduct hearings remotely to help…
Three years: DAC Beachcroft successfully defends clinical negligence claim on grounds of limitation By Mark Ashley, Jonathan Bonser, Benjamin Newall Defending a claim upon limitation grounds is known to be fraught with difficulty…
Is It Always Negligent To Get It “Wrong”? By Ciaran Claffey, Benjamin Newall The recent decision of the High Court in the case of Brady v Southend University Hospital NHS…
Defendants are not obliged to make reasonable enquiries of third parties before making "non-admissions" in the Defence By , Benjamin Newall The recent Court of Appeal decision in SPI North Limited v (1) Swiss Post International (UK)…
Wrongful birth: clinical negligence compensation for poor advice By , Benjamin Newall Consider the following scenario: expectant parents attend an antenatal clinic where they are told…
Appeal decision calls into question the merit of early Summary Judgment Applications - Hewes v West Hertfordshire Hospitals NHS Trust & Others By Benjamin Newall In June we reported a successful Summary Judgment application by the Defendant in Hewes v West…
Exaggeration and dishonesty does not pay! By Mark Ashley, , Benjamin Newall Summary In this briefing we consider the impact of Calderdale and Huddersfield NHS Foundation…
Do the benefits of Part 36 always kick in when a Claimant beats the offer at Trial? By Ciaran Claffey, Benjamin Newall The recent decision of Foskett J in the case of JMX v Norfolk & Norwich Hospitals NHS…
Claimant's Cost Budget successfully challenged on the use of blended rates By Benjamin Newall This case involved the successful challenge of a Claimant's Costs Budget due to improper use of…
Claims on behalf of an Estate: Be aware of what can and what cannot be claimed By Benjamin Newall For Defence lawyers, it is essential to keep an eye on the claims put forward on behalf the Estate…
