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15 January 2009
Issue: 7352 / Categories: Features , Public , Human rights
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Life after death

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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MOVERS & SHAKERS

Katten Muchin Rosenman—Charlotte Hill

Katten Muchin Rosenman—Charlotte Hill

Katten strengthens financial markets and funds group in London

Hugh James—Keith Cundall & Lee Hart

Hugh James—Keith Cundall & Lee Hart

Hugh James expands national Serious Injury team with two new Partners

HFW—Rémi Ducloyer

HFW—Rémi Ducloyer

HFW continues Paris office growth with public law Partner hire

NEWS
The Court of Appeal's decision in Mazur v Charles Russell Speechlys LLP has lifted months of uncertainty for Chartered Legal Executives while prompting a rethink of regulation and supervision
The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
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