Wrongful Birth in UK Law
- Policy Factors In Actions For Wrongful Birth
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Misconceptions about Wrongful Conception
... ... v Hunter [1996] OJ No. 2065 (Ont. Gen. Div.) – muscular dystrophy). They are more straightforward than so-called ‘wrongful birth’ cases, where the claimants decided to have a child, but would have terminated the pregnancy had they known that the foetus was suffering from an ... ...
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Joy to the World! A (Healthy) Child Is Born! Reconceptualizing Harm in Wrongful Conception
The wrongful conception action holds both a troubled past and future. As a response to rapid technological advancement in the area of reproduction, this action has int...... ... Area Health Authority [1983], Jupp J denied damages under this head on the grounds of public policy, observing inter alia, that the birth of a child ‘is a blessing and an occasion for rejoicing’ (at 531). Although not repudiating the ‘child as a blessing’, Udale was soon ... ...
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Neil MacCormick, RHETORIC AND THE RULE OF LAW: A THEORY OF LEGAL REASONING Oxford: Oxford University Press (www.oup.co.uk), 2005. xvi and 287 pp. ISBN 9780198268789. £49.95.
... ... , joint and several liability, vicarious liability and damages for wrongful birth, the House has reached decisions which would not be the “right” ... ...
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NOTES OF CASES
... ... B. G. PEITET* “WRONGFUL BIRTH”: SOME GROWING PAINS THE recent cases of Sciuriaga v ... ...
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Conception and the Irrelevance of the Welfare Principle
This article challenges the assumption that their future children’s welfare is a relevant consideration when deciding whether to provide a person with assisted conception services. It does not argu...... ... medicine to pregnant women upon evidence of its propensity to cause birth defects. The welfare principle that I criticise here is not, however, a ... the judgements in tort actions for what has become known as ‘wrongful birth’ and ‘wrongful life’. I argue that the application of a ... ...
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Medical Negligence: Non‐Patient and Third Party Claims by Rachael Mulheron
... ... (although Rix LJ left open the po ssibility of a fa ther’ s wrongful birth cla im in Whitehead v Searle [ 2008] EW CA Civ 28 5) ... The treat ... ...
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Difference in the House of Lords
Taking the media reaction to Brenda Hale’s appointment to the appellate committee of the House of Lords in January 2004 as its starting point, this article considers...... ... as to whether the law should enable full recovery in cases of wrongful conception might be one that ‘men and women look at rather ... While to some the birth of a child will always be ‘an occasion for rejoic- ... ing’ ( Udale ... ...
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THE MEASURE OF INJURY: RACE, GENDER AND TORT LAW by MARTHA CHAMALLAS AND JENNIFER B. WRIGGINS
... ... ; they critically analyse the development of case law around wrongful birth claims, making a strong argument for heightened protection for ... ...
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Inaccurate Conception: ACB v Thomson Medical
This note considers the decision of the Singapore Court of Appeal in ACB v Thomson Medical in which the plaintiff sought damages for the upkeep costs of a child conceived using sperm from someone o...... ... WRONGFUL CONCEPTION CASES UNDER UK LA W After some early success in cases such as ... In that case, a mother gave birth to a sev erely disabled child when she would not have pr oceeded with the ... ...
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