The appellant had claimed and been awarded damages for a negligently performed caesarean operation. She had been refused damages for the cost of later going to California to go through a commercial surrogacy procedure.
Held: Such claims were to be differentiated from payment of the costs of vitro fertilization. The chances of success were very slim, and the expenditure unreasonable. Neither the child nor the pregnancy would be hers, and in reality it was a form of adoption.
Judges:
Henry LJ, Judge LJ, Hale LJ
Citations:
Times 14-Aug-2001, Gazette 31-Aug-2001, [2001] EWCA Civ 1010, [2001] 2 FLR 1094, [2001] 2 FCR 481, [2002] QB 856, (2001) 62 BMLR 1, [2001] Fam Law 796, [2002] 2 WLR 394
Links:
Jurisdiction:
England and Wales
Citing:
Appeal from – Briody v St Helens and Knowlsey Heath Authority QBD 21-Jan-2000
The claimant having become unable to have children through the negligence of the Authority, claimed in damages the cost of arranging a paid surrogacy arrangement abroad. Such arrangements here were void and unenforceable, and it would be against . .
See Also – St Helen’s and Knowsley Area Health Authority v Briody CA 21-Apr-1999
. .
Cited by:
Cited – XX v Whittington Hospital NHS Trust QBD 18-Sep-2017
The defendant Trust admitted a failure to diagnose cancer in the claimant. As a result of the necessary treatment, she became infertile. An earlier treatment might have avoided this. She now sought damages, inter alia for losses associated with the . .
Cited – XX v Whittington Hospital NHS Trust CA 19-Dec-2018
The defendant had failed to diagnose cancer in the claimant. The court was now asked whether the judge was correct in law to refuse (or limit) Ms X’s recovery of damages for expenses of surrogacy arrangements which she intended to make, either in . .
Not Current – Whittington Hospital NHS Trust v XX SC 1-Apr-2020
A negligent delay in the diagnosis of her cancer left the clamant dependent on paid for surrogacy arrangements. Three issues were raised; could damages to fund surrogacy arrangements using the claimant’s own eggs be recovered? Second, if so, could . .
Lists of cited by and citing cases may be incomplete.
Damages, Family
Updated: 19 September 2022; Ref: scu.136178