Liability was admitted by the Trust in May 2016 in respect of negligent reporting of cervical smear tests in 2008 and 2012 and cervical biopsies in 2012. By a majority, the Supreme Court has dismissed the Trust’s appeal, allowing the recovery of commercial surrogacy costs.
By a majority, the Supreme Court has dismissed the Trust’s appeal, allowing the recovery of commercial surrogacy costs.
Liability was admitted by the Trust in May 2016 in respect of negligent reporting of cervical smear tests in 2008 and 2012 and cervical biopsies in 2012. Once the cervical cancer was detected in 2013, it was too advanced for the surgery which would have allowed XX to bear her own children and she required chemo-radiotherapy treatment which resulted in infertility. XX delayed her cancer treatment so that eggs could be harvested . This appeal concerned the damages payable for infertility.
XX chose a commercial surrogacy arrangement in California, where it is legal to pay a woman to be a surrogate. This arrangement is not legal in the UK where only reasonable expenses may be paid to the birth mother, using her own eggs and not those of a donor. The High Court Trial Judge awarded reasonable damages for own-egg surrogacy in the UK only. On appeal the Court of Appeal overturned the first instance ruling and allowed the recovery of costs of a commercial surrogacy in California and the use of donor eggs.
The Trust then appealed to the Supreme Court to overturn this judgment and the Supreme Court decision was handed down on 1 April 2020.
Lady Hale set out the three focuses of the appeal:
By a majority, the Supreme Court dismissed the appeal. The reasoning is as follows:
This is undoubtedly a very difficult case. The admitted negligence resulted in XX’s infertility and left her seeking alternative ways of starting a family.
The decision has the potential to see more claims for commercial surrogacy arrangements in cases where fertility has been affected. Whilst awards will be dependent on the factors identified above, damages for commercial surrogacy are now recoverable.
The BMA is advising all NHS / HSCNI consultants to ensure extra-contractual work is paid at the BMA minimum recommended rate and to decline offers of extra-contractual work that doesn't value them appropriately.
NHS England has published (October 2022) new guidance - Assuring and supporting complex change: Statutory transactions, including mergers and acquisitions.
NHS England has issued an updated (publication 11 October 2022) suite of Complex Change guidance about how it will assure and support proposals for complex change that are reportable to it. New and (where it is still in force) existing Complex Change guidance are as follows.
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It is clear that the digital landscape, often termed cyberspace, is a man-made environment, in which human behaviour dominates and where technology both influences and aids our role in it — through the internet, telecoms and networked computer systems, which are often interdependent. The extent to which any organisation is potentially vulnerable to cyber-attack depends on how well these elements are aligned.
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Three months on from the commencement of the new statutory Integrated Care Systems (ICS) Anja Beriro and Gerrard Hanratty reflect on the main themes and issues that have come from the new relationship between local government and health.
The majority of people do not feel the need to embellish their CV to get that coveted position and move on up the career ladder. Their worthiness and benefit to the hiring organisation are easily demonstrated through the recruitment process – application, psychometric testing, selection day or interview.
On Saturday 15 October a wave of light swept the internet when thousands of people flooded social media with pictures of candles to remember the babies that they have lost. This event signifies the end of Baby Loss Awareness Week which aims to break the silence that is associated with baby loss in pregnancy and infancy.
The Coronavirus Act 2020 allowed any registered medical practitioner to sign a medical certificate of cause of death (“MCCD”), even if the deceased was not attended to during his or her last illness and not seen after death, provided that the medical practitioner could state the cause of death to the best of their knowledge and belief.
In our latest Shared Insights session, Focus on Emergency Medicine, chaired by Jennifer Fagin and Amelia Newbold, we were pleased to be joined by: Dr Alex Crowe, Deputy Director Incentive Schemes & Academic Partnerships, NHS Resolution and Consultant Nephrologist and Miss Susie Hewitt MBE, Consultant in Emergency Medicine, University Hospitals of Derby and Burton NHS Foundation Trust.
Browne Jacobson has been ranked as a Top Tier law firm in 25 key practice areas in Legal 500 UK 2023, the independent directory of comparative law firm performance. The firm also continues to underpin its status as one of the leading law firms in the East Midlands region with 16 Tier 1 rankings.
On 7 July this year, NHS England published its statutory guidance for Integrated Care Boards (ICBs) and with it set out the ICBs’ role and responsibilities and how they should collaborate, interact and carry out their anti-fraud, bribery and corruption functions in concert with NHS England.
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This case provides a reminder to contracting authorities that whilst the bar for an award of damages in procurement cases is high, following the Supreme Court ruling in Energy Solutions EU Ltd v Nuclear Decommissioning Authority  1 WLR 1373, it is not insurmountable when a contracting authority has acted with disregard to the Public Contracts Regulations 2015 (PCRs). There is also further guidance as to the use of frameworks
Welcome to our August edition of Public Matters, our monthly round-up of legal updates, news and insights for the public sector.