Articles - DAC Beachcroft

Articles by Mark Ashley

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 ...

CRU repayments found to be non-compliant with Insurers’ property rights under European Convention on Human Rights

CRU repayments found to be non-compliant with Insurers’ property rights under European Convention on Human Rights

In this article we consider the recent decision of the High Court from November 2020 in the case R (on the application of Aviva Insurance Ltd and Swis ...

Court of Appeal provides valuable guidance on cauda equina syndrome claims

Court of Appeal provides valuable guidance on cauda equina syndrome claims

Hewes v (1) West Hertfordshire Acute Hospitals NHS Trust, (2) East of England Ambulance Service NHS Trust & (3) Dr Tanna provides valuable guidanc ...

No compensation for loss arising from a claimant’s criminal activity: the final chapter

No compensation for loss arising from a claimant’s criminal activity: the final chapter

This morning (30 October 2020) the Supreme Court has handed down its judgment in Ecila Henderson v Dorset Healthcare University NHS Foundation Trust. ...

Recoverability of inquest costs – what constitutes an ‘admission’?

Recoverability of inquest costs – what constitutes an ‘admission’?

In this article we look at the recent case of Greater Manchester Fire and Rescue Service v. Veevers [2020] EWHC 2550 (Comm) which is the latest case t ...

Swift v Carpenter - The Answer to Accommodation Claims or Just a Halfway House?

Swift v Carpenter - The Answer to Accommodation Claims or Just a Halfway House?

The long-awaited decision of the Court of Appeal in Swift v Carpenter, which has become a test case for accommodation claims in personal injury litiga ...

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 ...

The costs of commercial surrogacy: setting a principle or creating an exception?

The costs of commercial surrogacy: setting a principle or creating an exception?

Can a claimant recover damages sought in relation to a surrogacy service which, while being legal in the country in which it was intended that the ser ...

Mustard v Flower: Is it Fair Game for a Claimant to Covertly Record Examinations by Medical Experts?

Mustard v Flower: Is it Fair Game for a Claimant to Covertly Record Examinations by Medical Experts?

The question of what was said by a Claimant during an appointment with a medical expert can often become a key issue in clinical negligence claims, pa ...

Making a Difference: The Early Notification Scheme Progress Report

Making a Difference: The Early Notification Scheme Progress Report

Don’t miss NHS Resolution’s latest report: The Early Notification Scheme progress report: collaboration and improved experience for families which was ...