‘In this case preview, Neil Beighton, Simon Kilgour, Diane Jerry and Sarah Day, who all work within the CMS Insurance and Reinsurance Group, discuss the appeal due to be heard this week by the UK Supreme Court in this matter of Equitas Insurance Ltd v Municipal Mutual Insurance Ltd.’
UKSC Blog, 6th July 2020
Source: ukscblog.com
‘An advert for a bra has been banned for claiming it reduces the risk of breast cancer.’
Daily Telegraph, 24th June 2020
Source: www.telegraph.co.uk
‘The Upper Tribunal has handed down judgment in DP v Topmark Claims Management Ltd [2020] UKUT 0106 (AAC), which is the first time the Diffuse Mesothelioma Payment Scheme (“DMPS”) has been considered at an appellate level. It gave guidance on the scope of the scheme, as well as wider points on the nature of an appeal before the First Tier Tribunal (“FTT”) and on statutory interpretation.’
Hardwicke Chambers, 2nd June 2020
Source: hardwicke.co.uk
‘The judgment handed down by the Supreme Court in the case of XX (Respondent) v Whittington Hospital NHS Trust (Appellant) [2020] UKSC 14, on 1 April 2020, fundamentally changed the landscape in the United Kingdom for recovering the cost of surrogacy arrangements. By a majority, it determined that a person may claim damages to fund the cost of surrogacy, both commercial in a country where it is lawful and non-commercial, using her own or donor eggs.’
No. 5 Chambers, 4th June 2020
Source: www.no5.com
‘The dispute arose as a result of a delay, by the Trust, in diagnosing the Claimant (Respondent)’s cancer, and the infertility this caused.’
Hailsham Chambers, 21st May 2020
Source: www.hailshamchambers.com
‘Rosalind English discusses with William Edis QC a recent Supreme Court ruling that a woman could claim against the NHS damages that covered a commercial surrogacy arrangement that would be illegal in this country. The principle is now clear, and there is no parliamentary appetite to overturn it. You can get compensation to make a commercial surrogacy arrangements abroad, if negligence has deprived you of the ability of bearing your own children.’
Law Pod UK, 1st May 2020
Source: audioboom.com
‘As a consequence of the admitted negligence of the Whittington Hospital in failing to detect signs of cancer, the claimant developed cancer of the cervix for which she required chemoradiotherapy treatment that led to infertility. The claimant decided to have their own biological children by surrogacy. The experts for the parties agreed that on the balance of probabilities the claimant would achieve two live births from her 12 cryopreserved eggs. If her cryopreserved eggs do not result in 3-4 children, the claimant intends to use donor eggs. Her first choice of surrogacy is California, primarily because surrogacy is lawful and binding there. She claimed damages in respect of the expenses of four pregnancies either in California or the UK using her own eggs and, if necessary, donor eggs.’
UKSC Blog, 27th April 2020
Source: ukscblog.com
‘The Respondent (X) had been rendered infertile due to the trust’s negligence. Liability was admitted.’
Old Square Chambers, 8th April 2020
Source: www.oldsquare.co.uk
‘The Supreme Court has held that a defendant hospital trust must pay for the cost of a commercial surrogacy arrangement abroad despite such arrangements being unlawful in the UK.’
UK Human Rights Blog, 3rd April 2020
Source: ukhumanrightsblog.com
‘The claimant in this case had a number of cervical smear tests carried out. Each test was negligently reported to the effect that the hospital failed to detect her cervical cancer, leaving her infertile. Before having chemo-radiotheraphy, the claimant had 8 eggs collected and frozen. She sought to have four children and her preference was for surrogacy arrangements in California on a commercial basis. The present appeal concerned the damages payable for the loss of her ability to have her own child. The High Court had dismissed the claimant’s claim for commercial surrogacy in California as contrary to public policy, and held that surrogacy using donor eggs was not restorative of the claimant’s fertility but allowed damags for own-egg surrogacies in the UK. The Court of Appeal found in favour of the claimant. The hospital appealed to the Supreme Court.’
UKSC Blog, 1st April 2020
Source: ukscblog.com
‘A woman who wants to have surrogate children through commercial agreements in California has won her claim that the NHS should pay for the treatment.’
The Guardian, 1st April 2020
Source: www.theguardian.com
‘Neil Witham died at the age of 55 from mesothelioma leaving behind his wife (the Claimant) and his two foster children. At the heart of the dispute between the parties in this case was the width and breadth of the Fatal Accidents Act 1976 and the proper method to quantify the dependency if it fell within the scope of the Act.’
12 King's Bench Walk, 14th February 2020
Source: www.12kbw.co.uk
‘HHJ Freedman, the Designated Civil Judge in Newcastle, had to grapple with this in the case of Mitchell v Precis 548 Ltd [2019] EWHC 3314 (QB). HHJ Freedman had to decide whether to accede to the request of a First Defendant in the proceedings as to whether to vacate a trial 2 days before it was due to start.’
Parklane Plowden, 24th January 2020
Source: www.parklaneplowden.co.uk
‘Will Lady Hale change her mind, 17 years on? On 16 and 17 December 2019 a panel presided over by Lady Hale will decide whether or not the Court of Appeal were correct last year in not following an earlier judgment of Lady Hale in a 2002 case concerning recovery of damages for the costs of surrogacy.’
UKSC Blog, 16th December 2019
Source: ukscblog.com
‘Britain’s highest court will hear the case of a woman who is asking the NHS to pay for her to have surrogates birth her child in the US after the health service’s failure to spot her cervical cancer left her infertile.’
The Independent, 16th December 2019
Source: www.independent.co.uk
‘A hospital which gave a leukaemia patient five times the amount of drugs that she needed has today (Monday 9 December) been fined £45,000.’
Crown Prosecution Service, 9th December 2019
Source: www.cps.gov.uk
‘A GP is facing jail after molesting 23 female patients whom he persuaded to have unnecessary examinations.’
The Guardian, 10th December 2019
Source: www.theguardian.com
‘An NHS cancer hospital has such crumbling buildings, out-of-date equipment and staffing problems that patients’ safety and quality of care are at risk, a bombshell report for health service bosses has warned.’
The Guardian, 3rd October 2019
Source: www.theguardian.com
‘An Ethiopian woman who was denied potentially life-saving cancer treatment for six weeks amid confusion about whether she should be charged by the NHS has died aged 39.’
The Guardian, 19th September 2019
Source: www.theguardian.com
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