AI in Healthcare Podcast Series By Stuart Wallace, Mark Ashley, Hannah Volpe We are pleased to launch a short series of two podcasts on AI in which we discuss with experts how…
High Court delivers judgment in obstetric case relating to care provided in 1996 By Mark Ashley, Ciaran Claffey On 11 January 2023 Mr Justice Ritchie handed down judgment in the case of CNZ v Royal Bath…
Mathieu v Hinds - the outer limit for provisional damages? By Mark Bailey, Mark Ashley In Mathieu v (1) Hinds (2) Aviva plc [2022] EWHC 924 (QB) Mrs Justice Hill rejected the claimant’s…
Hughes v Rattan (2022) Appeal – Is the tide turning? By , Simon Perkins, Mark Ashley The first instance decision of this case attracted a lot of attention in the dental community, when…
Expert evidence in clinical negligence litigation By Mark Ashley, Katharine Taylor Without expert evidence there is no clinical negligence litigation…
Fatal Accidents Act 1976 – The Government Says “No”! By Mark Ashley In April 2021 the Association of Personal Injury Lawyers published a “research report” called…
Khan v Meadows – liability for unanticipated consequences of medical negligence By Mark Ashley, Jonathan Bonser, Nicola Kumi A medical doctor failed to give adequate advice about the risks of a child being born with…
Deborah Head Executrix of the Estate of Michael Head, Deceased v The Culver Heating Co Limited By Mark Ashley, Katharine Taylor This recent decision provides important insights into claims for loss of income (including…
How to prepare for remote hearings and Trials during the pandemic By Mark Ashley, Benjamin Newall, On 22 March 2020, the Judiciary published a Protocol on how to conduct hearings remotely to help…
CRU repayments found to be non-compliant with Insurers’ property rights under European Convention on Human Rights By Stuart Keyden, Mark Ashley In this article we consider the recent decision of the High Court from November 2020 in the case R…
Court of Appeal provides valuable guidance on cauda equina syndrome claims By Mark Ashley, Ciaran Claffey Hewes v (1) West Hertfordshire Acute Hospitals NHS Trust, (2) East of England Ambulance Service NHS…
No compensation for loss arising from a claimant’s criminal activity: the final chapter By Mark Ashley This morning (30 October 2020) the Supreme Court has handed down its judgment in Ecila Henderson v…
Recoverability of inquest costs – what constitutes an ‘admission’? By Jonathan Bonser, Mark Ashley, Stuart Keyden In this article we look at the recent case of Greater Manchester Fire and Rescue Service v…
Swift v Carpenter - The Answer to Accommodation Claims or Just a Halfway House? By Jonathan Bonser, Mark Ashley, Richard Stallard, David Johnson The long-awaited decision of the Court of Appeal in Swift v Carpenter , which has become a test…
Three years: DAC Beachcroft successfully defends clinical negligence claim on grounds of limitation By Mark Ashley, Jonathan Bonser, Benjamin Newall Defending a claim upon limitation grounds is known to be fraught with difficulty…
The costs of commercial surrogacy: setting a principle or creating an exception? By Mark Ashley, Can a claimant recover damages sought in relation to a surrogacy service which, while being legal…
Mustard v Flower: Is it Fair Game for a Claimant to Covertly Record Examinations by Medical Experts? By Mark Ashley, Ciaran Claffey The question of what was said by a Claimant during an appointment with a medical expert can often…
Making a Difference: The Early Notification Scheme Progress Report By Mark Ashley, Heather Durston-Hillyer, Sean Doherty Don’t miss NHS Resolution’s latest report: The Early Notification Scheme progress report:…
The unchanging chance of winning on No.7 - Trial success for the Defendant in surgery which would always have taken place By Mark Ashley, Stuart Keyden In the recent case of Pomphrey v…
Secrets and lies: dishonest exaggeration in clinical negligence claims By Mark Ashley, , Stuart Wallace NHS Resolution's recent success in the Lesley Elder case highlights the increasing importance of…
New Sepsis Requirement for NHS Trusts By Mark Ashley, Ciaran Claffey The NHS's fight against sepsis stepped up a gear on 1 April 2019, when its standard contract was…
Have the boundaries of vicarious liability been defined further? By , David Williams The question of when businesses are and not vicariously liable for the actions of their employees…
Medical Professionals and the 'Right to be Forgotten': Developments Following Landmark Dutch Surgeon Decision By Simon Perkins, Mark Ashley, Sophie Devlin, The reputation of a healthcare professional has always been important…
Illegality and the recoverability of damages: a dangerous path By Mark Ashley XX v Whittington Hospital NHS Trust [2018] - What are the potential ramifications of the Court of…
Supreme Court finds Hospital liable for inaccurate waiting time information given in A&E - Darnley v Croydon Health Services NHS Trust [2018] UKSC 50 By , , Mark Ashley, Peter Downey The long awaited decision in Darnley v Croydon Health Services NHS Trust was handed down by the…
No compensation for loss arising from a claimant's criminal activity: Part 2 By Mark Ashley In December 2016 we successfully defended a clinical negligence claim where the Claimant's loss…
Exaggeration and dishonesty does not pay! By Mark Ashley, , Benjamin Newall Summary In this briefing we consider the impact of Calderdale and Huddersfield NHS Foundation…
Forthcoming Changes to the Discount Rate By Mark Ashley, Peter Downey The Government has now explained how its proposed Discount Rate will be reviewed, and has opened…
Non-delegable duties: Do they apply to prison healthcare? By Mark Ashley, Dawn McIntosh Practice points The Ministry of Justice is not subject to a non-delegable duty in respect of…
Bereavement damages and cohabitees By Mark Ashley Yesterday the Court of Appeal gave its judgment in the case of Jacqueline Smith v Lancashire…
The last-minute change of plan: How courts are no longer easing the path for late amendments By Mark Ashley Late amendments to Particulars of Claim involving the introduction of new allegations can result in…
Calculating future losses in Fatal Accidents Act claims: From the date of death, or the date of trial? By Mark Ashley, Simon Perkins As a result of the Supreme Court’s decision in the case of Knauer v Ministry of Justice (handed…