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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

Taylor Rose—Jacqui Hayat & Andrew Bentham

Taylor Rose—Jacqui Hayat & Andrew Bentham

Taylor Rose strengthens Medical Negligence team with senior leadership appointments

Birmingham Law Society—Sabina Kauser

Birmingham Law Society—Sabina Kauser

Ward Hadaway partner appointed Vice President of Birmingham Law Society

Excello Law—Nick Gore & Irfan Ali

Excello Law—Nick Gore & Irfan Ali

Excello Law immigration boost with two more hires from Irwin Mitchell

NEWS
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
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