Articles - DAC Beachcroft

Articles by Mark Ashley

Fatal Accidents Act 1976 – The Government Says “No”!

Fatal Accidents Act 1976 – The Government Says “No”!

In April 2021 the Association of Personal Injury Lawyers published a “research report” called “Bereavement Damages – A Dis-United Kingdom” in which it ...

Khan v Meadows – liability for unanticipated consequences of medical negligence

Khan v Meadows – liability for unanticipated consequences of medical negligence

A medical doctor failed to give adequate advice about the risks of a child being born with haemophilia. The child was born and had haemophilia. The ch ...

Deborah Head Executrix of the Estate of Michael Head, Deceased v The Culver Heating Co Limited

Deborah Head Executrix of the Estate of Michael Head, Deceased v The Culver Heating Co Limited

This recent decision provides important insights into claims for loss of income (including financial dependency, and lost years) where the main source ...

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 equine syndrome claims

Court of Appeal provides valuable guidance on cauda equine 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 – A Change in the Approach to Accommodation Claims?

Swift v Carpenter – A Change in the Approach to Accommodation Claims?

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 ...