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CASE REPORT: Shaw v Kovac and anor [2017] EWCA Civ 1028

28 November 2017  

Measure of damages for wrongful invasion of personal autonomy; compensation; cause of action; recusal; alleged bias

In this case it was held that the appropriate measure of damages for wrongful invasion of a patient’s personal autonomy, arising from a failure to obtain informed consent, was general damages for pain, suffering and loss of amenity. The court refused to recognise compensation for ‘the unlawful invasion of the personal rights’ as a separate and free-standing cause of action.

Additional Info

  • Case(s) Referenced:

    Chester v Afshar [2004] UKHL 41

    Locobail (UK) Ltd v Bayfield Properties Ltd [1999] EWCA Civ 3004

    Montgomery v Lanarkshire Health Board [2015] UKSC 11

    Porter v Magill [2002] UKHL 67

    Richardson v Howie [2004] EWCA Civ 1127

    Shaw v Kovac & anor [2017] EWCA Civ 1028