Q&As

What liability could arise if the wrong sperm was negligently used by a fertility clinic resulting in the baby having a genetic disease or different attributes to those that were chosen? What is the limitation period for any liability? What kind of awards could be made if the clinic was liable?

read titleRead full title

Produced in partnership with Jamie Gamble of No5 Barristers Chambers
Published on: 25 November 2020
imgtext

The potential causes of action in a case of this nature are highly complex. They include possible claims:

  1. •

    for personal injury within the tort of negligence

  2. •

    for damage to property within the tort of negligence

  3. •

    in relation to the law of bailment

  4. •

    for breach of contract, including pursuant to the term implied into any contract for services by section 13 of the Supply of Goods and Services Act 1982

  5. •

    for breach of statutory duty under the Congenital Disabilities (Civil Liability) Act 1976 (CD(CL)A 1976) or the Human Fertilisation and Embryology Act 1990 (HFEA 1990)

  6. •

    for breach of the Human Rights Act 1998 and in particular the right to family life

The usual limitation periods would apply to

Jamie Gamble
Jamie Gamble

No5 Barristers Chambers

Jamie practices exclusively in the areas of personal injury and clinical negligence. He is ranked as a tier one leading junior for personal injury and clinical negligence (Midlands) in the 2016 edition of the Legal 500, which states that he is “a great all-round barrister”. He is also one of only 31 junior barristers in the country to be approved by the Spinal Injuries Association for catastrophic injury work.

Much of his work is now of substantial value (acting with or without a leader) and includes claims of the utmost severity and death.

Jamie has significant experience of all areas of personal injury work, including accidents at work, public liability claims, road traffic accidents (including claims against the Motor Insurers’ Bureau), industrial disease, CICA claims, and claims involving allegations of fraud.

Recent and ongoing cases that Jamie has been involved in have included: (i) cases of severe brain injury, including an ongoing case with a potential value in excess of £3 million and Re M (2014), a CICA claim where an award of £365,000 was obtained; (ii) Re G (2016), negligent abdominal surgery, settled for in excess of £500,000; (iii) Re B (2016), death caused by infection and necrotising fasciitis, settled for £425,000; (iv) Re A (2014), fatal road traffic case settled for £265,000; and (v) B v P (2013), above knee amputation following a motorcycle accident, settled for £1.6 million.

Jamie also regularly lectures to solicitor and insurer clients on legal developments and civil procedure.

Read moreRead more
Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Personal injury definition
What does Personal injury mean?

An injury to the body or mind as opposed to property.

Read more

Popular documents

Loss of a chance and foreseeability of damage in clinical negligence claims

Loss of a chance and foreseeability of damage in clinical negligence claimsRemoteness and foreseeabilityAn injury resulting from clinical negligence does not automatically mean a claimant will be awarded damages by the court. The tort only results in damages if all elements of it are proven:•duty of

Micklefield clauses

Micklefield clausesWhat is a Micklefield clause?It is common for employee share plans to provide that, on termination of employment (or when an employee is given or receives notice of termination of employment), subsisting share awards will be forfeited and subsisting share options will lapse.It is

What is the difference between an appeal and a review?

What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a

Financial clean break orders in family proceedings

Financial clean break orders in family proceedingsDuty of the court to consider a clean breakAlthough there is no presumption in favour of there being a financial clean break between parties on divorce, the court is under a duty to consider whether it would be appropriate to exercise its powers so