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A Step Too Far? Whittington Hospital NHS Trust v XX [2020] UKSC 14

Horsey, Kirsty, Powell, Andrew (2020) A Step Too Far? Whittington Hospital NHS Trust v XX [2020] UKSC 14. Medical Law Review, . ISSN 0967-0742. (doi:10.1093/medlaw/fwaa037) (Access to this publication is currently restricted. You may be able to access a copy if URLs are provided) (KAR id:83205)

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https://doi.org/10.1093/medlaw/fwaa037

Abstract

This comment piece explores the decision in Whittington Hospital NHS Trust v XX [2020] UKSC 14. It argues that despite notable shifts in public policy in respect of the acceptability of surrogacy as a means of family formation in the past twenty years, the Supreme Court has taken a step too far in deciding that foreign commercial surrogacy is as widely socially accepted. This impacts on the reasonableness of any claim for damages in negligence for the costs of commercial surrogacy. It is posited that the issue of whether damages for foreign commercial surrogacy are reasonable or not will be the key battleground in future negligence cases of this type.

Item Type: Article
DOI/Identification number: 10.1093/medlaw/fwaa037
Subjects: K Law
Divisions: Divisions > Division for the Study of Law, Society and Social Justice > Kent Law School
Depositing User: Sian Robertson
Date Deposited: 30 Sep 2020 19:40 UTC
Last Modified: 16 Feb 2021 14:15 UTC
Resource URI: https://kar.kent.ac.uk/id/eprint/83205 (The current URI for this page, for reference purposes)
Horsey, Kirsty: https://orcid.org/0000-0002-9316-7314
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