A Turn-up Down Under: McFarlane in the Light of Cattanach
The current position as to recovery of damages for the upkeep of a healthy child born as the result of a negligent sterilisation has been disturbed by the decision of the High Court of Australia in Cattanach v Melchior. The High Court rejected the recent ruling of the House of Lords in McFarlane v T...
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| Format: | Article |
| Language: | English |
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University of Edinburgh
2004-03-01
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| Series: | SCRIPTed: A Journal of Law, Technology & Society |
| Online Access: | http://www.law.ed.ac.uk/ahrb/script-ed/docs/mason.asp |
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doaj-f01ee9b93c1b467f94125aff2e4ecba32020-11-24T22:49:01ZengUniversity of EdinburghSCRIPTed: A Journal of Law, Technology & Society1744-25672004-03-0111119135A Turn-up Down Under: McFarlane in the Light of CattanachJ K MasonThe current position as to recovery of damages for the upkeep of a healthy child born as the result of a negligent sterilisation has been disturbed by the decision of the High Court of Australia in Cattanach v Melchior. The High Court rejected the recent ruling of the House of Lords in McFarlane v Tayside Health Board and decided in favour of recovery by a majority of 4:3. This paper reviews the antecedent litigation and analyses the conflicting opinions of the seven-judge bench in Cattanach. The likely effect on the common law within the Commonwealth is considered in anticipation of the imminent House of Lords decision in Rees v Darlington Memorial Hospital NHS Trust.http://www.law.ed.ac.uk/ahrb/script-ed/docs/mason.asp |
| collection |
DOAJ |
| language |
English |
| format |
Article |
| sources |
DOAJ |
| author |
J K Mason |
| spellingShingle |
J K Mason A Turn-up Down Under: McFarlane in the Light of Cattanach SCRIPTed: A Journal of Law, Technology & Society |
| author_facet |
J K Mason |
| author_sort |
J K Mason |
| title |
A Turn-up Down Under: McFarlane in the Light of Cattanach |
| title_short |
A Turn-up Down Under: McFarlane in the Light of Cattanach |
| title_full |
A Turn-up Down Under: McFarlane in the Light of Cattanach |
| title_fullStr |
A Turn-up Down Under: McFarlane in the Light of Cattanach |
| title_full_unstemmed |
A Turn-up Down Under: McFarlane in the Light of Cattanach |
| title_sort |
turn-up down under: mcfarlane in the light of cattanach |
| publisher |
University of Edinburgh |
| series |
SCRIPTed: A Journal of Law, Technology & Society |
| issn |
1744-2567 |
| publishDate |
2004-03-01 |
| description |
The current position as to recovery of damages for the upkeep of a healthy child born as the result of a negligent sterilisation has been disturbed by the decision of the High Court of Australia in Cattanach v Melchior. The High Court rejected the recent ruling of the House of Lords in McFarlane v Tayside Health Board and decided in favour of recovery by a majority of 4:3. This paper reviews the antecedent litigation and analyses the conflicting opinions of the seven-judge bench in Cattanach. The likely effect on the common law within the Commonwealth is considered in anticipation of the imminent House of Lords decision in Rees v Darlington Memorial Hospital NHS Trust. |
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http://www.law.ed.ac.uk/ahrb/script-ed/docs/mason.asp |
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AT jkmason aturnupdownundermcfarlaneinthelightofcattanach AT jkmason turnupdownundermcfarlaneinthelightofcattanach |
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