Public policy shift in the court’s approach to surrogacy arrangements: Whittington Hospital NHS Trust v XX [2020] UKSC 14
Category: Assessment of Damages
Forged Consent & Damages for the Cost of Raising a Healthy Child
In this blog Ted Cunningham of 12KBW examines the recent decision in ARB v IVF Hammersmith v R [2018] EWCA Civ 2803 in which the Court of Appeal confirmed that a parent cannot recover the pecuniary cost of bringing up a healthy child, regardless of whether that alleged loss arose in tort or out of … Continue reading Forged Consent & Damages for the Cost of Raising a Healthy Child
“Boy brain damaged at Blackpool hospital awarded £27m”
William Featherby QC of 12KBW secured a significant award for a boy who suffers from acute mental and physical disabilities as a result of negligent delay in his delivery. Link to article: https://www.bbc.co.uk/news/uk-england-lancashire-45798050
Meadows v Khan – wrongful birth: are additional unconnected disability costs recoverable?
In this post Vanessa Cashman of 12KBW discusses the recent decision of Yip J in Meadows v Khan [2017] EWHC 2990 (QB), a case concerning the recoverability of additional costs arising out of a disability unconnected with the negligent failure to diagnose that led to a wrongful birth. Facts The Claimant, Mrs Meadows (“C”), claimed damages arising out of the wrongful birth … Continue reading Meadows v Khan – wrongful birth: are additional unconnected disability costs recoverable?
Failure to obtain informed consent: is there a free-standing right to damages?
In this post Farhana Mukith discusses the case of Shaw v (1) Kovac & (2) University Hospitals of Leicester NHS Trust [2017] EWCA Civ 1028, in which the Court of Appeal considered whether compensation for the unlawful invasion of a patient’s personal rights ought to be recognised as a separate and free-standing cause of action. … Continue reading Failure to obtain informed consent: is there a free-standing right to damages?
JR (A Protected Party by his Mother and Litigation Friend JR) v Sheffield Teaching Hospitals NHS Foundation Trust: First High Court analysis of Roberts v Johnson calculations since the announcement of the new discount rate
In this post Thea Wilson of 12 KBW discusses the recent decision of Davis J in JR v Sheffield Teaching Hospitals NHS Foundation Trust. The Court dealt chiefly with the discount rate change in relation to accommodation claims and with lost years claims. In relation to the former, it was held that no capital sum was … Continue reading JR (A Protected Party by his Mother and Litigation Friend JR) v Sheffield Teaching Hospitals NHS Foundation Trust: First High Court analysis of Roberts v Johnson calculations since the announcement of the new discount rate
Clinical Negligence Law 