Articles - DAC Beachcroft

Articles by Mark Ashley

Mathieu v Hinds - the outer limit for provisional damages?

Mathieu v Hinds - the outer limit for provisional damages?

In Mathieu v (1) Hinds (2) Aviva plc [2022] EWHC 924 (QB) Mrs Justice Hill rejected the claimant’s arguments for a provisional award for post-traumati ...

Hughes v Rattan (2022) Appeal – Is the tide turning?

Hughes v Rattan (2022) Appeal – Is the tide turning?

The first instance decision of this case attracted a lot of attention in the dental community, when it dealt with the preliminary issue of whether the ...

Expert evidence in clinical negligence litigation

Expert evidence in clinical negligence litigation

Without expert evidence there is no clinical negligence litigation. Experts are at the heart of the process and occupy a unique and important role, on ...

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. ...