Call us today0800 160 1298
 
 

Advantage Litigation

Welcome to Advantage Litigation Services. We provide affordable access to commercial litigation.

  • Home
    Home This is where you can find all the blog posts throughout the site.
  • Categories
    Categories Displays a list of categories from this blog.
  • Tags
    Tags Displays a list of tags that have been used in the blog.
  • Bloggers
    Bloggers Search for your favorite blogger from this site.
  • Team Blogs
    Team Blogs Find your favorite team blogs here.
  • Login
    Login Login form

IVF Clinic successfully defends breach of contract compensation claim

Posted by on in Uncategorized
  • Font size: Larger Smaller
  • Hits: 509
  • Subscribe to this entry
  • Print

A man who sued an IVF clinic in London for breach of contract over a faked signature has lost his claim for compensation at the Court of Appeal.

Referred to in the case as ‘ARB’, the man sued the clinic IVF Hammersmith after his ex-partner, referred to as ‘R’ during the hearing, was impregnated with a frozen egg fertilised from his sperm in October 2010. The impregnation was a number of months after they had separated; ‘R’ had forged the the mans signature to enable her to continue with the IVF treatment, resulting in ARB bringing a claim for compensation to reflect the costs involved in raising the child.

ARB was successful in arguing that in failing to get his consent, the clinic was in breach of contract. However, senior judges upheld a previous ruling that he was not entitled to any financial compensation because of “public policy” that meant he could not be compensated for the cost of bringing up a healthy child.

The relationship between R and ARB had effectively ended in May 2010, resulting in R moving out of the home they were sharing. In October 2010, R presented a signed form to the clinic giving consent to proceed with the IVF treatment. A number of embryos had previously been frozen with both parties’ consent and on the basis of the document, an embryo was thawed and successfully implanted.


At the original High Court hearing in October last year, Judges heard how R had traced in pen over a pencil outline of ARB’s signature on the clinics consent form. The judge also said he was satisfied that ARB had no intention of having another child with R after they had separated. ARB argued he was entitled to financial compensation from the clinic because it had breached its contract with him by failing to obtain his “written or informed consent”. The judge concluded that the clinic was not negligent and ARB succeeded on all issues “save the issue of legal policy”, which meant he could not recover damages.

The Judge at the original ruling stated that

Although he has lost this case, my judgment must be seen as a complete personal and moral vindication for ARB. The same, of course, cannot be said for R.”

He granted permission to appeal and ARB brought a challenge against the ruling in October. His lawyers argued that the legal policy referred to by the judge in his ruling was not relevant to his case as it involved a contract.

If you are thinking about taking legal action against another individual or company but are worried about the costs involved, Advantage Litigation Services have the skills and expertise to help you find a way of funding commercial litigation without risking your personal finances or those of your business. Click here to contact us today or call 0800 160 1298 to see how we can help.

 

Get in touch

  1. Your Name(*)
    Please let us know your name.
  2. Your Email(*)
    Please let us know your email address.
  3. Company Name(*)
    Please write a subject for your message.
  4. Your Phone Number
    Invalid Input
  5. Message(*)
    Please let us know your message.
  6. Anti-Spam, please enter the characters shown
    Anti-Spam, please enter the characters shown
    Invalid Input

Latest News

  • Before the Event Insurance – commonly shortened to “BTE”- is an insurance policy that is purchased by a business or individual that is designed to cover legal costs in the event of them needing to make a claim or should a claim be made against them. Whilst you can purchase BTE insurance as a ‘standalone’ policy, it is more commonly included with a range of business or personal insurance products. As with most types of insurance, the cover that a BTE policy provides can vary and is vital that the policy cover, and its limitations, are fully understood before buying a policy. Why should I consider BTE insurance? Legal expenses insurance such as BTE is available so that in the event you require legal advice, the legal expenses insurance will cover the cost of that advice. A solicitor or law firm should... Read More

  • In news that has pleased the stock market in London, litigation funding providers Burford Capital have recently announced that the class action claim made by its investors has been abandoned. The class action claim had originally been made via by New York based investor claims specialists Rosen Law, with the legal action alleging that Burford, one of the world’s largest litigation funders, had made false and/or misleading statements on its financial returns. Burford had strenuously denied making any such false statements and denied that their business was facing financial difficulty. Burford reported to the London Stock Exchange in early January that the US securities action filed in August last year has been withdrawn and dismissed in its entirety. Burford also confirmed that there was no further litigation pending against it at present, other than ‘ordinary course skirmishing’ within a small number... Read More

  • One of the UK’s largest class action claims has recently settled after three years of legal argument and rancour. The parties in the Bates v Post Office group litigation announced in early December that the claim has been settled, with the Post Office admitting “we got things wrong in our dealings with a number of postmasters”. A joint statement issued by both parties said that several days of ‘respectful, challenging, and ultimately successful mediation’ had successfully concluded in a ‘comprehensive resolution’ to the litigation’. The mediation was championed by Post Office CEO Nick Read, with the claim being settled for £57.75m. The statement also made clear the Post Office’s gratitude to the claimants, saying that and ‘in the past, we have fallen short and we apologise to those affected’. Commenting further on the mediated settlement, Read added: I am very pleased we... Read More