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Life after death

15 January 2009
Issue: 7352 / Categories: Features , Public , Human rights
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Seamus Burns discusses the grey areas of law and ethics surrounding donor consent

Tragically, in June 2007 H, (who was married to L and had a 10-month old daughter), died unexpectedly in hospital after an appendectomy. The couple had not had any discussions as to what should happen if H (aged only 31) died in hospital. H’s death came as a hammer-blow to L, and as Mr Justice Charles in L v The Human Fertilisation and Embryology Authority [2008] EWHC 2149 (Fam) said “…the steps that she took in its immediate aftermath were motivated by the wishes of herself and her husband to have another child, her wish to have another child who by blood would be a full sibling to her existing child and time to think about whether she should pursue that course”. Clearly L had to act immediately and decisively to retrieve and preserve H’s sperm. Thus, she made an out of hours application to Mrs Justice Macur, for declaratory relief on 26/6/2007.

The hospital, but not the Human Fertilisation and Embryology Authority

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Freeths—Ruth Clare

Freeths—Ruth Clare

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Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

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mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
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