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10 June 2020 / Chris Bryden , Adele Pullarp
Issue: 7890 / Categories: Features , Family , Damages
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Surrogacy: Finding middle ground

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Adele Pullarp & Chris Bryden discuss the potential for improving the surrogacy process for both parents & surrogates—& advocate its modernisation
  • In Whittington Hospital NHS Trust v XX the Supreme Court held by a 3-2 majority that the cost of foreign commercial surrogacy arrangements was in principle recoverable as damages in tort, regardless of whether the claimant’s own eggs or donor eggs were to be used, and that this was not contrary to public policy.
  • While commercial surrogacy arrangements are illegal in the UK, the judgment reflects society’s changing attitude to surrogacy, and the reality that payments to surrogates exceeding reasonable expenses are approved by the courts.

In Whittington Hospital NHS Trust v XX [2020] UKSC 14, [2020] All ER (D) 05 (Apr) the claimant was born in 1983. She had cervical examinations in 2008 and 2012 which were negligently wrongly reported by the hospital. The errors were discovered in 2013, at which point the claimant had cervical cancer at an advanced stage, and she was

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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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