These were the settings for four Supreme Court judgments today, delivered by video link given the prevailing restrictions. Principles of vicarious liability were raised by two cases. Recovery of by way of damages of sums paid under a commercial contract for surrogacy was raised in a third and the fourth concerned recovery by an insurer of a settlement which it argued was vitiated by misrepresentation. This blog is necessarily short and serves only as a summary of today’s judgments.
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