Jefferies v BMI Healthcare Ltd (Human Fertilisation And Embryology)

Jefferies v BMI Healthcare Ltd (Human Fertilisation And Embryology)

The amendment reducing the storage period from 10 years to 2 years on Form MT was not signed by Clive Jefferies as required by Schedule 3, paragraph 1(1) of the Human Fertilisation and Embryology Act 1990. Therefore, the amendment is invalid and the original 10-year consent remains effective. The declaration sought by Samantha Jefferies is granted.

Parties
Claimant: Samantha Jefferies; First Interested Party: BMI Healthcare Limited; Second Interested Party: Human Fertilisation and Embryology Authority
Jurisdiction
England and Wales
Judgment Date
12 October 2016
Procedural Posture
Originating Application for Declaratory Relief / Judgment After Contested Hearing
Outcome
Declaration granted in favour of the claimant.
Legal Topics
Consent to Embryo Storage, Human Fertilisation and Embryology Act 1990, Validity of Written Consent, Variation of Consent, Statutory Interpretation
Family Law Medical Law Consent to Embryo Storage Human Fertilisation and Embryology Act 1990 Validity of Written Consent Variation of Consent Statutory Interpretation

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Parties

Samantha Jefferies

Claimant

BMI Healthcare Limited

First Interested Party

Human Fertilisation and Embryology Authority

Second Interested Party

Procedural Posture

Originating Application for Declaratory Relief / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the amendment to the storage period on Form MT was valid without Clive Jefferies' signature
  2. 2 Whether the original 10-year consent remained effective under the Human Fertilisation and Embryology Act 1990
  3. 3 Whether the requirements for variation of consent under Schedule 3 were met

Ratio Decidendi

The amendment reducing the storage period from 10 years to 2 years on Form MT was not signed by Clive Jefferies as required by Schedule 3, paragraph 1(1) of the Human Fertilisation and Embryology Act 1990. Therefore, the amendment is invalid and the original 10-year consent remains effective. The declaration sought by Samantha Jefferies is granted.

Court Disposition

Declaration granted in favour of the claimant.

Orders

  • It is lawful for the embryos to be stored for a period of 10 years from 11 August 2013.