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 the state of California in the United States of America or, alternatively, in this country. The second issue is whether, in so far as the judge awarded damages for such surrogacy expenses as would be lawful in this country, he was correct to differentiate between ‘own egg’ and ‘donor egg’ surrogacies. The third issue is whether, dependent upon our decision upon the surrogacy issues, there should be any reduction in the damages awarded for pain, suffering and loss of amenity (‘PSLA’).
Held: The Court dismissed the Hospital’s appeal and allowed the mother’s appeal. She was entitled to the costs associated with the two surrogacy arrangements under each method.


Lord Justice Mccombe
Lady Justice King
Lady Justice Nicola Davies


[2018] EWCA Civ 2832, [2019] 3 WLR 107, [2019] WLR(D) 10


Bailii, WLRD


England and Wales


Appeal fromXX 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 . .
CitedBriody v St Helens and Knowlsey Area Health Authority CA 29-Jun-2001
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 . .

Cited by:

Main judgmentXX v Whittington Hospital NHS Trust (Leave) CA 19-Dec-2018
Refusal of permission to appeal to Supreme Court . .
Appeal fromWhittington 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.

Personal Injury, Damages

Updated: 19 September 2022; Ref: scu.631422