Articles - DAC Beachcroft

Articles by Sara May

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 ...

The Supreme Court rules in the awaited decision on vicarious liability and the independent contractor defence: Barclays Bank Plc v Various Claimants.

The Supreme Court rules in the awaited decision on vicarious liability and the independent contractor defence: Barclays Bank Plc v Various Claimants.

The Supreme Court has today handed down its decision following consideration of the appeal in Barclays Bank Plc v Various Claimants.  

Resolving Complex and Catastrophic Injury Claims – Has There Ever Been a Better Time to Talk?

Resolving Complex and Catastrophic Injury Claims – Has There Ever Been a Better Time to Talk?

Coronavirus or COVID-19 has already brought sweeping changes to just about every aspect of life and civil litigation has not escaped this turmoil. In ...

Vicarious Liability and the “Independent Contractor Defence” – The Appeal of Barclays Bank PLC v Various Claimants

Vicarious Liability and the “Independent Contractor Defence” – The Appeal of Barclays Bank PLC v Various Claimants

On 28 November 2019, the Supreme Court heard the appeal in Barclays Bank PLC v Various Claimants. The Court is asked to determine whether the Defendan ...

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 ...

Illegality and the recoverability of damages: a dangerous path

Illegality and the recoverability of damages: a dangerous path

XX v Whittington Hospital NHS Trust [2018] - What are the potential ramifications of the Court of appeals decision in terms of recoverability of damag ...

High cost cases – an important decision on Part 36 offers

High cost cases – an important decision on Part 36 offers

Following the case of JLE v Warrington & Halton Hospitals NHS Foundation Trust [2018], we analyse the decision of the Senior Courts Cost Office an ...

Setting the Personal Injury Discount Rate: The Role of the Government Actuary's Department

Setting the Personal Injury Discount Rate: The Role of the Government Actuary's Department

The Civil Liability Bill will introduce major changes to the methodology for setting the Personal Injury Discount Rate in England and Wales, together ...

The Government confirms its commitment to create a fair and better framework for settling the Discount Rate

The Government confirms its commitment to create a fair and better framework for settling the Discount Rate

The Government has now published the response to the consultation process on how the discount rate should be set in the future and what is to happen n ...