Mustard v Flower: Is it Fair Game for a Claimant to Covertly Record Examinations by Medical Experts? By , Mark Ashley, Sara May The question of what was said by a Claimant during an appointment with a medical expert can often…
Making a Difference: The Early Notification Scheme Progress Report By Mark Ashley, Heather Durston-Hillyer, Sean Doherty Don’t miss NHS Resolution’s latest report: The Early Notification Scheme progress report:…
Secrets and lies: dishonest exaggeration in clinical negligence claims By Mark Ashley, , Stuart Wallace NHS Resolution's recent success in the Lesley Elder case highlights the increasing importance of…
The unchanging chance of winning on No.7 - Trial success for the Defendant in surgery which would always have taken place By Mark Ashley, Stuart Keyden In the recent case of Pomphrey v…
New Sepsis Requirement for NHS Trusts By , Mark Ashley The NHS's fight against sepsis stepped up a gear on 1 April 2019, when its standard contract was…
Medical Professionals and the 'Right to be Forgotten': Developments Following Landmark Dutch Surgeon Decision By Simon Perkins, Mark Ashley, Sophie Devlin, The reputation of a healthcare professional has always been important…
Illegality and the recoverability of damages: a dangerous path By Sara May, Mark Ashley XX v Whittington Hospital NHS Trust [2018] - What are the potential ramifications of the Court of…
Supreme Court finds Hospital liable for inaccurate waiting time information given in A&E - Darnley v Croydon Health Services NHS Trust [2018] UKSC 50 By , , Mark Ashley, Peter Downey The long awaited decision in Darnley v Croydon Health Services NHS Trust was handed down by the…
No compensation for loss arising from a claimant's criminal activity: Part 2 By Mark Ashley In December 2016 we successfully defended a clinical negligence claim where the Claimant's loss…
Exaggeration and dishonesty does not pay! By Catherine Burt, Mark Ashley, , Summary In this briefing we consider the impact of Calderdale and Huddersfield NHS Foundation…
Forthcoming Changes to the Discount Rate By Mark Ashley, Peter Downey The Government has now explained how its proposed Discount Rate will be reviewed, and has opened…
Non-delegable duties: Do they apply to prison healthcare? By Mark Ashley, Dawn McIntosh Practice points The Ministry of Justice is not subject to a non-delegable duty in respect of…
Bereavement damages and cohabitees By Mark Ashley Yesterday the Court of Appeal gave its judgment in the case of Jacqueline Smith v Lancashire…
The last-minute change of plan: How courts are no longer easing the path for late amendments By Mark Ashley Late amendments to Particulars of Claim involving the introduction of new allegations can result in…
No compensation for loss arising from a claimant's criminal activity By Matthew McGrath, Mark Ashley DAC Beachcroft has successfully defended a clinical negligence claim where the Claimant's loss…
MedMal – Claims against sports specialists By Simon Perkins, Mark Ashley Elite level sport is an increasingly high stakes game…
Calculating future losses in Fatal Accidents Act claims: From the date of death, or the date of trial? By Mark Ashley, Simon Perkins As a result of the Supreme Court’s decision in the case of Knauer v Ministry of Justice (handed…