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United Kingdom wrongful birthconventional awardmedical

Rees v Darlington Memorial Hospital NHS Trust

[2003] UKHL 52, [2004] 1 AC 309
JurisdictionUnited Kingdom
CourtHouse of Lords
Year2004
StatusBinding authority

Key Principle

Following negligent sterilisation resulting in the birth of a healthy child, the parent cannot recover the costs of bringing up the child (per McFarlane), but the court will make a conventional award (set at £15,000) to mark the legal wrong and the parent's loss of autonomy in family planning, and this applies even where the mother is herself disabled.

Area of Law

tort

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