The Court of Appeal has set out the correct interpretation of a medical negligence policy which was responding to over 700 actions pursued against a surgeon who operated without his patients’ consent. The key issue was the approach to aggregation, i.e. treating multiple matters as arising from a single cause. The sums to be recovered under the policy would form part of the appellant clinic’s share of an overall settlement of those actions approved by the High Court in 2017. Continue reading
This question is at the heart of the Supreme Court’s decision in Four Seasons International Holdings (FSIH) v Brownlie. The fatal car accident, which gave rise to the claim, happened in Egypt but the claimant was an English resident and had incurred losses and expenses related to the incident on returning to England. She issued in England against FSIH, which was based in Canada, and thus had to apply to serve the proceedings outside the jurisdiction. Whether she would be able to do that would turn on where the damage was sustained.
Just over a year ago, the High Court delivered its decision in Pickard and Marshall v Generali and others. The case involved a road traffic accident in France in which two English residents, Marshall and Pickard, were injured (Mr Marshall died from his injuries) in a collision caused by an uninsured French driver colliding with Mr Pickard’s stationary car (insured with RSA) and forcing it against another French vehicle (insured with Generali). The question of the applicable law was appealed and a decision on the point was given on 19 January 2017.