Application for declaration of parenthood. Sir James Munby P FD [2016] EWHC 1572 (Fam) Bailii Human Fertilisation and Embryology Act 2008, Family Law Act 1986 55A England and Wales Family Updated: 06 December 2021; Ref: scu.566438
The claimant challenged the Order as regards the prescription of the morning-after pill, asserting that the pill would cause miscarriages, and that therefore the use would be an offence under the 1861 Act. Held: ‘SPUC’s case is that any interference with a fertilised egg, if it leads to the loss of the egg, involves the … Continue reading Regina (Smeaton) v Secretary of State for Health and Others: Admn 18 Apr 2002
Application for a parental order in relation to a child C born in 2012 under section 54 of the 2008 Act 2008. A parental order had been made, and the judge now gave his reasons. C was conceived through IVF treatment in Moscow, with the First Applicant’s sperm and eggs from an anonymous Russian donor. … Continue reading Re C (A Child), AB v DE: FD 15 May 2013
The court considered the legal parentage of a child conceived after his mother (Ms M) met his biological father (Mr F) on an internet website where Mr F was advertising his services as an unpaid sperm donor. The central dispute between the mother and the father is whether the conception was the result of artificial … Continue reading M v F and H: FD 5 Jul 2013
The claimant had entered into fertilisation treatment with her boyfriend. They both signed an agreement under which the fertilised sperm were only later to be implanted with the agreement of both. The couple separated, and the potential father withdrew his consent to the treatment, and the woman was refused implantation. She complained of interference with … Continue reading Evans v United Kingdom: ECHR 7 Mar 2006
The plaintiff sought damages for false imprisonment. The Secretary of State had refused to disclose certain documents. The question was as to the need for the defendant to justify the use of his powers by disclosing the documents. Held: The legislation must be interpreted to give effect to Parliament’s intention, even if that meant adding … Continue reading Liversidge v Sir John Anderson: HL 3 Nov 1941
In the course of care proceedings, medical and social services’ reports were disclosed to the courts, but not to the parents involved. Held: The courts’ failure to show reports to the parents in care proceedings was a breach of the Convention. Both the Commission and the Court found a breach of Article 8 because the … Continue reading McMichael v United Kingdom: ECHR 2 Mar 1995
Court to seek and Apply Parliamentary Intention The appellant challenged the practice of permitting cell nuclear replacement (CNR), saying it was either outside the scope of the Act, or was for a purpose which could not be licensed under the Act. Held: The challenge failed. The court was to give effect to the intentions of … Continue reading Regina v Secretary of State for Health ex parte Quintavalle (on behalf of Pro-Life Alliance): HL 13 Mar 2003
The applicant challenged the decision of the court that the sperm donor who had fertilised her eggs to create embryos stored by the respondent IVF clinic, could withdraw his consent to their continued storage or use. Held: The judge worked within a strict statutory framework. His task was to calculate the application of that law, … Continue reading Evans v Amicus Healthcare Ltd and others: CA 25 Jun 2004
Roman Catholic Midwives, working as Labour Ward Co-ordinators had objected to being involved in an administrative capacity in abortions being conducted by the appellants. The Outer House had said they were not entitled to opt out, but the Inner House had declared that ‘the petitioners’ entitlement to conscientious objection to participation in treatment for termination … Continue reading Greater Glasgow Health Board v Doogan and Another: SC 17 Dec 2014
The claimant sought a declaration that the administration of an abortifacient drug was not ‘any treatment for the termination of pregnancy’ for the purposes of section 1 of the 1967 Act, allowing the piloting and possible adoption of early medical abortions in part self-administered. Held: The request was refused. Parliament had passed the Act aware … Continue reading British Pregnancy Advisory Service v Secretary of State for Health: Admn 14 Feb 2011
The defendant hospital had custody of sperm samples given by the claimants in the course of fertility treatment. The samples were effectively destroyed when the fridge malfunctioned. Each claimant was undergoing chemotherapy which would prevent them providing future samples. They appealed a finding that they they had no losses, based on the suggestion that the … Continue reading Yearworth and others v North Bristol NHS Trust: CA 4 Feb 2009
The House sought to reconcile section 31 of the 1981 Act, with RSC Order 53 r4 as to the time within which judicial review proceedings must be brought. Held: Whenever there was a failure to act promptly or within three months there was ‘undue delay’ within the meaning of section 31(6). Lord Goff said: ‘as … Continue reading Regina v Dairy Produce Quota Tribunal for England and Wales, Ex parte Caswell: HL 17 May 1990
M applied for a parental order under the 2008 Act. The child had been born through a surrogacy arrangement in India, which was lawful there, but would have been unlawful here. The clinic could not guarantee a biological relationship with the child. The father had since died of liver cancer. The court considered whether the … Continue reading A v P (Surrogacy: Parental Order: Death of Applicant): FD 8 Jul 2011
The parties who had undertaken fertility treatment leading to the birth of the child, but where the clinic had failed to carry out the necessary admministrative procedures sought ratification of their status as the legal parents. Sir James Munby P FD [2016] EWHC 1329 (Fam) Bailii, Judiciary Human Fertilisation and Embryology Act 2008 England and … Continue reading Re N: FD 8 Jun 2016
The claimant had been dismissed after it was discovered he had been cautioned for a public homosexual act. He appealed dismissal of his claim saying that the standard of fairness applied was inappropriate with regard to the Human Rights Act, and that the state had a duty to protect him from private acts which breached … Continue reading X v Y (Employment: Sex Offender): CA 28 May 2004
The making of a declaration is a judicial act. A shareholder is entitled to bring a derivative action on behalf of the company when it is controlled by persons alleged to have injured the company who refuse to allow the company to sue. It is an abuse of process where a Plaintiff issues a Writ … Continue reading Wallersteiner v Moir: CA 1974
References: Unreported, 1 April 2004 Coram: Judge LJ, Elias, Stanley Burnton JJ Ratio:The license holder of a fertility clinic was accused of keeping an embryo otherwise than in pursuance of the licence. The clinic had employed a respected consultant who had carried out the task, but had done so unlawfully. Held: The Act made a … Continue reading Attorney-General’s Reference (No 2 of 2003); 1 Apr 2004
References: [2015] EWFC 13 Links: Bailii Coram: Theis J Ratio The required Form PP was not on the clinic’s file. Theis J set out four issues which accordingly arose: (1) Did X sign the Form PP so that it complied with section 37(1) of the 2008 Act? (2) If X did, was the Form PP … Continue reading X v Y v St Bartholomew’s Hospital Centre for Reproductive Medicine (Assisted Reproduction: Parent); FC 13 Feb 2015
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IPO Patent applications GB0621068.6 and GB0621069.4 relate to methods where parthenogenesis is used to activate a human oocyte (i.e. stimulation of a human oocyte, without fertilisation by a sperm cell) to produce a parthenogenetically-activated oocyte or ‘parthenote’. GB0621068.6 concerns the production of human stem cells from such parthenotes, whilst GB0621069.4 concerns human synthetic corneas and … Continue reading International Stem Cell Corporation (Patent): IPO 16 Aug 2012
ECJ Grand Chamber – Reference for a preliminary ruling – Directive 98/44/EC – Article 6(2)(c) – Legal protection of biotechnological inventions – Parthenogenetic activation of oocytes – Production of human embryonic stem cells – Patentability – Exclusion of ‘uses of human embryos for industrial or commercial purposes’ – Concepts of ‘human embryo’ and ‘organism capable … Continue reading International Stem Cell Corporation v Comptroller General of Patents: ECJ 18 Dec 2014
The 1869 Act gave the Postmaster-General a monopoly of transmitting telegrams. Telegrams were defined as messages transmitted by telegraph. A telegraph was defined to include ‘any apparatus for transmitting messages or other communications by means of electric signals’. When the Act was introduced the only such means of communication functioned by interrupting and re-establishing electric … Continue reading Attorney-General v Edison Telephone Company of London: 1880
Citations: [2006] ECHR 995 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – Evans v United Kingdom ECHR 7-Mar-2006 The claimant had entered into fertilisation treatment with her boyfriend. They both signed an agreement under which the fertilised sperm were only later to be implanted with the agreement of … Continue reading Evans v The United Kingdom: ECHR 22 Nov 2006
Proceedings concerned with one child A who is 3 years of age. His biological mother is M, the First Applicant, and his biological father is F, the Second Applicant. A was born as a result of a surrogacy agreement in which his mother’s and father’s gametes were used. The surrogate mother is SM, the First … Continue reading A (A Child : Surrogacy: S54 Criteria): FD 18 Jun 2020
The company appealed against refusal of patentunder the provision restricting such for ‘uses of human embryos for industrial or commercial purposes’ Held: The matter was referred to the ECJ. Henry Carr QC [2013] EWHC 807 (Ch), [2013] 3 CMLR 14, [2014] RPC 2, BL O/316/12, [2013] 3 CMLR 14, [2014] RPC 2 Bailii Patents Act … Continue reading International Stem Cell Corporation v Comptroller General of Patents: ChD 17 Apr 2013
Each appellant complained of the disclosure by the respondent of very old and minor offences to potential employers, destroying prospects of finding work. Two statutory schemes were challenged, raising two separate questions, namely whether any interference with Article 8 ECHR is: (1) ‘in accordance with the law’ (‘the legality test’) and (2) ‘necessary in a … Continue reading Gallagher for Judicial Review (NI): SC 30 Jan 2019
The claimant said that the English law on assisted conception infringed her right to family life. She had began treatment with her partner, and was given a cycle of in-vitro fertilisation before her cancerous condition required removal of her ovaries. Her relationship foundered, and before she applied to have the embryo implanted, her former partner … Continue reading Evans v United Kingdom: ECHR 10 Apr 2007
ECJ (Advocate General’s Opinion) – Directive 98/44/EC – Legal protection of biotechnological inventions – Patentability – Stem cells – Stimulation by parthenogenesis of unfertilised human ova to create stem cells – Parthenotes – List of inventions excluded from patentability – Non-exhaustive character of the list – Exclusion of ‘uses of human embryos for industrial or … Continue reading International Stem Cell Corporation v Comptroller General of Patents: ECJ 17 Jul 2014
Same Sex Paartner to Inherit as Family Member The claimant had lived with the original tenant in a stable and long standing homosexual relationship at the deceased’s flat. After the tenant’s death he sought a statutory tenancy as a spouse of the deceased. The Act had been extended to include as a spouse someone living … Continue reading Fitzpatrick v Sterling Housing Association Ltd: HL 28 Oct 1999
The applicant publisher said that the finding against it of breach of confidence and the system of success fees infringed it Article 10 rights to freedom of speech. It had published an article about a model’s attendance at Narcotics anonymous meetings. Held: The finding of a breach of confidence against the applicant amounted to an … Continue reading MGN Limited v United Kingdom: ECHR 18 Jan 2011
(Grand Chamber) The applicants complained that on being arrested on suspicion of offences, samples of their DNA had been taken, but then despite being released without conviction, the samples had retained on the Police database. Held: (Unanimous) The retention was unlawful. Though other member states retained some DNA samples in certain conditions, the UK was … Continue reading Marper v United Kingdom; S v United Kingdom: ECHR 4 Dec 2008