Wrongful Birth in UK Law
-
McFarlane v Tayside Health Board
... ... McFarlane suffered pain and distress from the pregnancy and birth and that they both have incurred and will incur costs in rearing ... There is the action (if permitted) for "wrongful life" brought by a disadvantaged or disabled child for damage to himself ... ...
-
Rees v Darlington Memorial Hospital NHS Trust
... ... The foreseeable result of negligent advice would be the birth of a child, the very thing they wished to avoid. No one can be unaware ... courts in the United States (see La Croix and Martin, "Damages in Wrongful Pregnancy Tort Actions", in Ireland and Ward, Assessing Damages in ... ...
-
McKay v Essex Area Health Authority
... ... that the infant plaintiff's claim for what has been called "wrongful life" discloses no reasonable cause of action. We were all clearly of that ... has a cause of action for injury to her in her mother's womb before birth. What we have to decide is whether the child has also a cause of action ... ...
-
Parkinson v St James and Seacroft University Hospital NHS Trust
... ... Public policy - Damages - Birth of child - Pregnancy occurring after mother's sterilisation - Child born ... , dismissing the appeal and the cross-appeal, that in cases of wrongful birth, although parents were not able to recover the costs of upbringing ... ...
-
A v A (Children: Habitual Residence)
... ... a question of fact and a rule that a newly born child is presumed on birth to take the habitual residence of his parents "would be a legal construct ... where the child was habitually resident immediately before the wrongful removal or retention retain jurisdiction until the child has acquired a ... ...
-
Boys v Chaplin
... ... � the civil liability arising out of a wrong derives its birth from the law of the place, and its character is determined by that law." ... equated "not justifiable" in Willes J.'s judgment with "wrongful" and "justifiable" with "innocent". Rigby L.J. drew a ttention to the ... ...
-
Re J (A Minor) (Abduction: Custody Rights)
... ... On 6 December 1987 the mother gave birth to a boy whom I shall call "J." Both the mother and the father were ... from Australia by the mother had been wrongful. It will be necessary to consider later whether this declaration was ... ...
-
Re B (A Child) (Habitual Residence: Inherent Jurisdiction)
... ... 5 Shortly prior to B's birth the appellant and the respondent had bought a house in their joint names ... habitually resident in a contracting state immediately before his wrongful removal or retention: article 4. It is the law of that state which ... ...
-
Whitehead v Searle and Another
... ... consulted them in order to see whether what is nowadays called a 'wrongful birth claim' might be brought against the hospital authority. On 12 ... ...
-
R v North Humberside and Scunthorpe Coroner, ex parte Jamieson
... ... 19 Taking of drugs ... 20 Want of attention at birth" ... 21 The text observed: " Deaths by neglect, exposure or ... that the death has been caused or contributed to by the wrongful conduct or neglect of another person. Great care will be needed to ... ...
See all results