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: 70
  • 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

  • Staff at a Scottish clinical waste disposal firm are facing financial hardship as an ongoing contested insolvency action means that redundancy payments are being delayed. Staff at Dundee-based Healthcare Environmental Services (HES) have been caught up in a recent controversy following revelations that the business had been stockpiling human waste and body parts. The revelations resulted in the termination of a significant number of NHS contracts with HES, followed by the firms 100+ staff being given employment termination notices. HES’s management team, headed by MD Garry Pettigrew, are continuing to contest the insolvency process and find a buyer for the company, meaning that any redundancy payments to staff will not be made until the insolvency process is completed. HES staff have arranged a meeting with Dundee East MSP Shona Robison on Monday afternoon and are trying to rally support from... Read More

  • Sometimes, even an established professional such as a lawyer or solicitor can make a mistake that directly affects you or your business. Mistakes, whilst thankfully not that common in the UK, can mean that a wide range of claims may fail, contracts become invalid and you or your business are left picking up the pieces with the likely financial consequences that this entails. If you have had a problem with your solicitor and you would like to find out more about making a claim for compensation, there are 4 main factors to consider: Read More

  • In what is widely considered to be one of the largest claims in British legal history, a joint UU/US firm has filed a complaint at Liverpool High Court seeking £5bn in compensation for victims of an environmental catastrophe in Brazil. The law firm filing the complaint, SGP Law, is a new entrant to the UK legal scene and is comprised of a partnership between both UK and US Lawyers. SGP is representing 240,000 claimants, all of whom are alleged victims of the Sanmarco dam collapse in 2015, in which 19 people were killed and hundreds more were permanently displaced. The claim for £5bn is against mining company BHP Billiton has been filed in a UK Court as the legal action is more likely to be able to progress more quickly than if the claim was filed in Brazil. BHP Billiton is... Read More