header-logo header-logo

Property law extends to sperm

12 February 2009
Issue: 7356 / Categories: Legal News , Damages , Property , Personal injury
printer mail-detail

Court of Appeal delivers landmark ruling in sperm sample case

Six men who had their sperm frozen and stored before they underwent chemotherapy had a right to compensation when the samples perished, the Court of Appeal has ruled.
In Yearworth and Ors v North Bristol NHS Trust [2009] EWCA Civ 37 Lord Judge, the lord chief justice stated how the case raises “interesting questions about the application of common law principles to the ever expanding frontiers of medical science. In particular...about the ability to sue in tort and/or in bailment in respect of damage to bodily substances, namely semen which the men had produced for their possible later use and which the Trust had promised meanwhile to freeze and to store”.
The trust argued that the loss of the sperm amounted neither to personal injury nor damage to property.
Lord Judge found the loss did not constitute personal injury. However, he distinguished 17th century laws that human bodies cannot be owned, whether living or dead, and found there was “a bailment of the sperm by the men to the unit”. The claimants were entitled to compensation for the distress or psychiatric injury suffered as a result of the loss of the samples.
Chris Thorne, partner, Foot Anstey, who acted for the men, says: “Unfortunately the Human Fertilisation and Embryology Bill 2008 which recently passed through parliament does not address the ownership of sperm samples and so the only way to clarify the law was to take this case to the Court of Appeal.
“While Parliament has struggled with the passage of the Bill for years, the judiciary have shown them the way forward by taking decisive action. Th e court found that live tissue stored away from the body cannot, if damaged, give rise to a claim for personal injury, although the court recognised the validity of the arguments raised by the claimants. Th e lord chief justice said that extending the defi nition of a personal injury in this area would give rise to ‘uncomfortable anomalies’.
“However the court’s finding that a sperm sample is the property of the donor is a signifi cant extension of the law of property. The court rejected the argument that it was bound by law stretching back over 400 years relating to a corpse or body part being incapable of ownership.”

Issue: 7356 / Categories: Legal News , Damages , Property , Personal injury
printer mail-details

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll