Briody v St Helen’s and Knowsley Area Health Authority [2001] EWCA Civ 1010

Compensation: Costs of commercial surrogacy – a recoverable head of loss?

Julian Matthews looks at a recent contentious decision and the possible wider ramifications ‘The giving of greater prominence to the compensatory principle is likely to generate other novel claims as the emerging technologies address the difficulties resulting from life-changing injuries and provide the possibility of new solutions.’ The primary aim of damages for personal injuries …

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Case report: XX v Whittington Hospital NHS Trust [2018] EWCA Civ 2832

Clinical negligence; surrogacy; public policy and illegality; PSLA ‘It was argued on behalf of Ms X that the ratio of Briody was simply that the prospects of successful surrogacy in that case were so “vanishingly small” that the expenditure was not “reasonable” and, therefore, not recoverable as special damages.’ The defendant trust admitted negligence in …

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