Articles - DAC Beachcroft

Articles by Benjamin Newall

How to prepare for remote hearings and Trials during the pandemic

How to prepare for remote hearings and Trials during the pandemic

On 22 March 2020, the Judiciary published a Protocol on how to conduct hearings remotely to help ensure public safety and social distancing in light o ...

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 ...

Is It Always Negligent To Get It “Wrong”?

Is It Always Negligent To Get It “Wrong”?

The recent decision of the High Court in the case of Brady v Southend University Hospital NHS Foundation Trust confirms an important principle in clin ...

Defendants are not obliged to make reasonable enquiries of third parties before making "non-admissions" in the Defence

Defendants are not obliged to make reasonable enquiries of third parties before making "non-admissions" in the Defence

The recent Court of Appeal decision in SPI North Limited v (1) Swiss Post International (UK) Limited (2) Asendia UK Limited [2019] EWCA Civ 7 is a hel ...

Wrongful birth: clinical negligence compensation for poor advice

Wrongful birth: clinical negligence compensation for poor advice

Consider the following scenario: expectant parents attend an antenatal clinic where they are told that the fetus is healthy. This advice is negligentl ...

Appeal decision calls into question the merit of early Summary Judgment Applications - Hewes v West Hertfordshire Hospitals NHS Trust & Others

Appeal decision calls into question the merit of early Summary Judgment Applications - Hewes v West Hertfordshire Hospitals NHS Trust & Others

In June we reported a successful Summary Judgment application by the Defendant in Hewes v West Hertfordshire Hospitals NHS Trust & Others. We must ...

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 ...

Do the benefits of Part 36 always kick in when a Claimant beats the offer at Trial?

Do the benefits of Part 36 always kick in when a Claimant beats the offer at Trial?

The recent decision of Foskett J in the case of JMX v Norfolk & Norwich Hospitals NHS Foundation Trust [2017] EWHC 3082 (QB) concerned a claim rel ...

Claimant's Cost Budget successfully challenged on the use of blended rates

Claimant's Cost Budget successfully challenged on the use of blended rates

This case involved the successful challenge of a Claimant's Costs Budget due to improper use of blended rates for incurred costs. This highlights an a ...

Claims on behalf of an Estate: Be aware of what can and what cannot be claimed

Claims on behalf of an Estate: Be aware of what can and what cannot be claimed

For Defence lawyers, it is essential to keep an eye on the claims put forward on behalf the Estate and to ensure any early requests for interim paymen ...