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27 July 2017
Issue: 7756 / Categories: Case law , Law digest , In Court
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Damages

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Shaw (personal representative of the estate of Ewan (deceased)) v Kovac and another [2017] EWCA Civ 1028, [2017] All ER (D) 139 (Jul)

In a clinical negligence case which had been settled on the basis that the deceased should have been told of the true risk position regarding his procedure from the outset and that, had he been so informed, he would not have proceeded any further; no award would be made for ‘the unlawful invasion of the personal rights’ of the deceased and his ‘loss of personal autonomy’. The Court of Appeal Civil Division dismissed the appeal and found there was no justification for an incremental development of the common law of the kind proposed.

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