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10 June 2020 / Chris Bryden , Adele Pullarp
Issue: 7890 / Categories: Features , Family , Damages
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Surrogacy: Finding middle ground

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Adele Pullarp & Chris Bryden discuss the potential for improving the surrogacy process for both parents & surrogates—& advocate its modernisation
  • In Whittington Hospital NHS Trust v XX the Supreme Court held by a 3-2 majority that the cost of foreign commercial surrogacy arrangements was in principle recoverable as damages in tort, regardless of whether the claimant’s own eggs or donor eggs were to be used, and that this was not contrary to public policy.
  • While commercial surrogacy arrangements are illegal in the UK, the judgment reflects society’s changing attitude to surrogacy, and the reality that payments to surrogates exceeding reasonable expenses are approved by the courts.

In Whittington Hospital NHS Trust v XX [2020] UKSC 14, [2020] All ER (D) 05 (Apr) the claimant was born in 1983. She had cervical examinations in 2008 and 2012 which were negligently wrongly reported by the hospital. The errors were discovered in 2013, at which point the claimant had cervical cancer at an advanced stage, and she was

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MOVERS & SHAKERS

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The Legal Action Group (LAG)—the UK charity dedicated to advancing access to justice—has unveiled its calendar of training courses, seminars and conferences designed to support lawyers, advisers and other legal professionals in tackling key areas of public interest law
Refusing ADR is risky—but not always fatal. Writing in NLJ this week, Masood Ahmed and Sanjay Dave Singh of the University of Leicester analyse Assensus Ltd v Wirsol Energy Ltd: despite repeated invitations to mediate, the defendant stood firm, made a £100,000 Part 36 offer and was ultimately ‘wholly vindicated’ at trial
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
Employment law is shifting at the margins. In his latest Employment Law Brief for NLJ this week, Ian Smith of Norwich Law School examines a Court of Appeal ruling confirming that volunteers are not a special legal species and may qualify as ‘workers’
Criminal juries may be convicting—or acquitting—on a misunderstanding. Writing in NLJ this week Paul McKeown, Adrian Keane and Sally Stares of The City Law School and LSE report troubling survey findings on the meaning of ‘sure’
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