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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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Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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