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Court of Appeal hands down judgment in the case of ARB v IVF Hammersmith

18th December 2018

Michael Mylonas QC and Susanna Rickard, together with David Halpern QC of 4 New Square, were instructed by Rachel Stewart (Hughes Paddison Solicitors) on behalf of ARB, in his breach of contract claim against IVF Hammersmith. The clinic thawed and implanted a frozen embryo into ARB’s ex-partner without his knowledge or consent – resulting in a child. Judgment was handed down by the Court of Appeal today. ARB succeeded in overturning the trial judge’s finding of no negligence, and in upholding the finding of strict liability under the contract. The Court of Appeal however found that ‘policy’ prevents ARB from recovering any damages for the financial consequences of the breach, drawing on principle from the tort cases of McFarlane and Rees. ARB is likely to seek permission to appeal from the Supreme Court.

Judgment and press summary can be found here.

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