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

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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MOVERS & SHAKERS

Slater Heelis—Probate & Court of Protection team

Slater Heelis—Probate & Court of Protection team

Slater Heelis brings Probate and Court of Protection expertise together with new dedicated team

Clarke Willmott—Antonia Power

Clarke Willmott—Antonia Power

Antonia Power joins Clarke Willmott in Taunton

Haynes Boone—Chris Acton

Haynes Boone—Chris Acton

Chris Acton joins Haynes Boone as chair of UK derivatives platform

NEWS
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
Workplace bullying and harassment can no longer be left solely to HR, as financial regulation scrutinises culture, character and fitness
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