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24 May 2007 / Seamus Burns
Issue: 7274 / Categories: Features , Human rights
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Terms of law

There must be a fair balance between the rights of parties to IVF treatment. Seamus Burns reports

The applicant, Natallie Evans, and her partner, Howard Johnston, had commenced in-vitro fertilisation (IVF) treatment in July 2000. In October 2000, the couple were informed that she had tumours in both ovaries. They were told that some of her eggs could be retrieved for IVF.

A nurse explained that they would each have to sign consent forms under the Human Fertilisation and Embryology Act 1990 (HFEA 1990), and that it would be possible for either party to withdraw their consent at any time before the embryos were implanted in the applicant’s uterus. Johnston reassured the applicant that he wished to father her child. Evans would argue she had acted to her detriment in reliance on these assurances and that Johnston should be estopped from reneging on a categorical undertaking, whereas Johnston would argue this was never meant to be a binding
irrevocable agreement.

They signed separate consent forms. The embryos were to be used for treatment by Johnston

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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