AD v East Kent Community NHS Trust
| Jurisdiction | England & Wales |
| Judge | Lord Justice Judge |
| Judgment Date | 17 December 2002 |
| Neutral Citation | [2002] EWCA Civ 1872 |
| Court | Court of Appeal (Civil Division) |
| Docket Number | Case No: B3/2002/1239 QBENF |
| Date | 17 December 2002 |
Court of Appeal
Before Lord Justice Judge, Lord Justice Longmore and Mr Justice Sullivan
Even if the birth of a healthy child resulted from medical negligence, damages were not recoverable to compensate for the costs of its upbringing although identifiable extra expense could be established by the grandmother with whom it lived.
The Court of Appeal (Lord Justice Judge, Lord Justice Longmore and Mr Justice Sullivan) so held on December 17, 2002 when dismissing an appeal by the claimant, A, from Mr Justice Cooke who on May 24, 2002 found, on a preliminary issue, that she was not entitled to claim the cost of the child's upbringing, maintenance and education, in an action against the defendant, East Kent Community NHS Trust, for negligence.
LORD JUSTICE JUDGE said that A had been confined under section 3 of the Mental Health Act 1983. She alleged the trust was negligent because it had placed her in a mixed psychiatric ward with no precautions being taken to prevent her becoming pregnant. The trust denied negligence.
His Lordship said the court was bound by authority, the latest of which, Rees v Darlington Memorial Hospital NHS TrustTLRWLR (The...
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... ... that it is unlikely that the parties to the relationship, or the community, would regard it as being primarily financial in nature. It is a human ... 52 In Rees v Darlington Memorial Hospital NHS Trust 54 , Robert Walker LJ said of McFarlane that, while their Lordships ... 124 Such was the case in Rand v East Dorset Health Authority 181 ... There, as a result of negligence, an ... 127 Since Rees , in AD v East Kent Community NHS Trust 187 a totally disabled mother in an institution, ... ...
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