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United Kingdom Leading Case duty of carecompensatory damages

Rees v Darlington Memorial Hospital NHS Trust

[2004] 1 AC 309
JurisdictionUnited Kingdom
CourtUK House of Lords
Year2004
StatusBinding authority

Summary

In wrongful birth cases following negligent sterilisation, a conventional award of £15,000 is payable for loss of autonomy even where child-rearing costs remain irrecoverable under McFarlane.

Key Principle

Wrongful birth following negligent sterilisation; conventional award of £15,000 for loss of autonomy; McFarlane modified for disabled mother

Area of Law

tort

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