“…d held that it was wrong in principle to make an award of vindicatory damages, merely to mark the commission of the wrong. The Court of Appeal in Shaw v. Kovac [2017] EWCA Civ 1028, [2017] 1 WLR 4773 (“Shaw v Kovac”) had refused to award a conventional sum for loss of autonomy, where a surgical operation was conducted without informed con…”
“…laim damages to compensate her for the invasion of her right to personal autonomy/choice. It is accepted that the issue has now been determined in Shaw v Kovac [2017] EWCA Civ 1028 and Duce v Worcestershire Acute Hospitals NHS Trust [2018] EWCA Civ 1307. The appellant must show that the breach of duty has caused her to suffer injury. Howe…”
“…onality and feeling of grievance caused by failure to warn – though he rejected the case for such an award on practical grounds. More recently, in Shaw v Kovac [2017] EWCA Civ 1028; [2017] 1 WLR 4773, the Court of Appeal comprehensively rejected a claim for damages for invasion of the claimant’s personal autonomy by negligently failing to…”