ARB v IVF Hammersmith & Anor

ARB v IVF Hammersmith & Anor

Legal policy established in wrongful birth tort cases applies to contract claims against fertility clinics; damages for the cost of upbringing of a healthy child are not recoverable for breach of contract where the contract does not quantify or liquidate damages for such breach.

Parties
Appellant: ARB; Respondent: IVF Hammersmith; Third Party: R
Jurisdiction
England and Wales
Judgment Date
17 December 2018
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Breach of Contract, Consent in Medical Procedures, Damages for Wrongful Birth, Legal Policy in Damages, Remoteness of Damages
Contract Law Medical Law Breach of Contract Consent in Medical Procedures Damages for Wrongful Birth Legal Policy in Damages Remoteness of Damages

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Parties

ARB

Appellant

IVF Hammersmith

Respondent

R

Third Party

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether damages for the cost of upbringing of a healthy child are recoverable for breach of contract by a fertility clinic
  2. 2 Whether the legal policy bar in tort cases applies to contract claims
  3. 3 Proper construction of contract clause regarding consent

Ratio Decidendi

Legal policy established in wrongful birth tort cases applies to contract claims against fertility clinics; damages for the cost of upbringing of a healthy child are not recoverable for breach of contract where the contract does not quantify or liquidate damages for such breach.

Court Disposition

Appeal dismissed