Shaw v Kovac & Ors [2017] EWCA Civ 1028 (18 July 2017)

Shaw v Kovac & Ors [2017] EWCA Civ 1028 (18 July 2017)

There is no free-standing actionable claim for damages for loss of personal autonomy or unlawful invasion of personal rights in medical negligence cases where informed consent was not obtained, beyond the conventional award for pain, suffering, and loss of amenity. The claim for such additional damages is precluded by s.1 of the Administration of Justice Act 1982 and is not supported by the authorities cited. The application for recusal of the judges was also unfounded as there was no real possibility of bias.

Citation
[2017] EWCA Civ 1028
Parties
Appellant/claimant: Mrs Gabriele Shaw (the personal representative of the estate of William Ewan (deceased)); Respondent/defendant: Dr Jan Kovac; Respondent/defendant: University Hospitals of Leicester NHS Trust
Jurisdiction
England and Wales
Judgment Date
18 July 2017
Procedural Posture
Civil Appeal / Appeal From High Court (assessment of Damages)
Outcome
Appeal dismissed
Legal Topics
Informed Consent, Damages, Personal Autonomy, Recusal of Judges, Loss of Expectation of Life
Medical Negligence Tort Law Informed Consent Damages Personal Autonomy Recusal of Judges Loss of Expectation of Life

Case Brief

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Parties

Mrs Gabriele Shaw (the personal representative of the estate of William Ewan (deceased))

Appellant/claimant

Dr Jan Kovac

Respondent/defendant

University Hospitals of Leicester NHS Trust

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From High Court (assessment of Damages)

Legal Issues

  1. 1 Whether a separate head of damages is recoverable for loss of personal autonomy due to lack of informed consent in medical negligence cases
  2. 2 Whether the trial judge erred in refusing to award additional damages for the unlawful invasion of personal rights beyond conventional damages for pain, suffering, and loss of amenity
  3. 3 Whether the application for recusal of two judges on grounds of apparent bias was valid

Ratio Decidendi

There is no free-standing actionable claim for damages for loss of personal autonomy or unlawful invasion of personal rights in medical negligence cases where informed consent was not obtained, beyond the conventional award for pain, suffering, and loss of amenity. The claim for such additional damages is precluded by s.1 of the Administration of Justice Act 1982 and is not supported by the authorities cited. The application for recusal of the judges was also unfounded as there was no real possibility of bias.

Court Disposition

Appeal dismissed

Orders

  • No additional damages awarded for loss of personal autonomy
  • Application for recusal of judges refused