England and Wales Case Law

Fleet v Bloomsbury Law Solicitors (RESTRICTION - proprietor's consent - whether consent given - whether oral consent sufficient)

Fleet v Bloomsbury Law Solicitors (RESTRICTION - proprietor's consent - whether consent given - whether oral consent sufficient) [2026] UKFTT 472 (PC) (11 March 2026)

The Tribunal held that Deborah Fleet did not give valid consent to a restriction on her title and ordered its removal. Oral consent was insufficient.

• Proprietor's consent
• Restriction removal
• Solicitor-client relationship
• Consent requirements
• Land-registration
• Title-restrictions

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W, Re (Foreign Surrogacy: Consent and Welfare)

W, Re (Foreign Surrogacy: Consent and Welfare) [2025] EWFC 85 (02 April 2025)

The Family Court granted a parental order in a cross-border surrogacy case, holding that the surrogate’s consent was valid on the evidence and authorising the payments made.

• Parental orders
• Surrogacy
• Consent requirements
• Safeguarding
• Commercial surrogacy
• Cross-border surrogacy

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X v W & Anor

X v W & Anor [2025] EWFC 25 (14 February 2025)

The Family Court granted a parental order for a child born through international surrogacy, accepted the surrogate’s consent, and authorised the payments made.

• Parental orders
• International surrogacy
• Consent requirements
• Payments to surrogate
• Child welfare
• Parental-orders

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XWZ (Foreign Surrogacy), Re

The Family Court granted a parental order in an international surrogacy case, holding that the statutory criteria were met, the surrogate consented, and payments could be authorised.

• Parental orders
• International surrogacy
• Consent requirements
• Payments to surrogate
• Child welfare
• Parental-orders

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W (Foreign Surrogacy: Consent and Welfare), Re

The court was satisfied, on the particular facts and evidence, that Ms S gave valid consent to the parental order after six weeks, with full understanding and unconditionally, and that all statutory criteria under s54A HFEA 2008 were met. The court authorised payments made in the surrogacy arrangement and found that G’s lifelong welfare needs are met by making the parental order.

Source excerpt

• Parental orders
• Consent requirements
• Commercial surrogacy
• Cross-jurisdictional surrogacy
• Child welfare

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‘EF’ v Human Fertilisation and Embryology Authority

The High Court held that Schedule 3 of the HFEA 1990 could be read down to allow non-written evidence of consent, permitting EF to use a stored embryo with a surrogate.

• Posthumous use of embryos
• Consent requirements
• Surrogacy
• Interpretation of legislation under human rights act
• Autonomy of gamete providers
• Posthumous-use-of-embryos

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Newell Trustees Limited v Newell Rubbermaid UK Services Limited & Anor

The 1992 Deed validly established the money purchase section and effected the transfer and conversion of members’ final salary benefits to money purchase benefits, subject to an underpin preserving the final pensionable salary link as required by the Proviso. The conversion itself did not breach the Proviso, but the transfer sums must be augmented if actual salary increases and final pensionable salary would have resulted in higher accrued benefits. There is no rule in the Scheme obliging the Trustee to discriminate on grounds of age; therefore, no unlawful age discrimination has occurred or…

Source excerpt

• Power of amendment
• Age discrimination
• Final salary underpin
• Conversion of benefits
• Consent requirements
• Extrinsic contracts

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RP, Re

RP, Re [2023] EWFC 306 (22 November 2023)

Family Court granted a parental order for RP, finding the statutory criteria met, authorising the payments, and concluding the order served the child’s welfare.

• Parental orders
• Surrogacy arrangements
• Consent requirements
• Welfare of the child
• Payments to surrogate
• Parental-orders

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C, Re (Surrogacy: Consent) (Rev1)

C, Re (Surrogacy: Consent) (Rev1) [2023] EWCA Civ 16 (16 January 2023)

The Court of Appeal held that a surrogate’s consent to a parental order was not free or unconditional where it was given under pressure and tied to contact arrangements.

• Surrogacy
• Parental orders
• Consent requirements
• Article 8 echr
• Child arrangements orders
• Parental-orders

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Z (A Child) (Surrogacy)

Z (A Child) (Surrogacy) [2022] EWFC 18 (10 March 2022)

The Family Court granted a parental order for a child born through Georgian surrogacy, holding the statutory criteria were met and authorising non-expense payments.

• Parental orders
• Surrogacy arrangements
• Consent requirements
• Payments in surrogacy
• Domicile
• Welfare of the child

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