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Litigation Letter

Compensation for unwanted child

Rees v Darlington Memorial Hospital NHS Trust CA 21 October H of L; [2003] UKHL 52

Where a mother gives birth to a healthy and normal child after a sterilisation operation there are three solutions that the courts could have adopted: (1) to award full damages against the tortfeasor for the cost of rearing the child with no discount for joys, benefits and support resulting from the child; (2) to award damages to recover the full and reasonable costs of rearing an unplanned child to the age when that child might be expected to be economically self-reliant, with a deduction for the joy and benefits received and the potential economic support derived from the child; or (3) to award no damages where the child is born healthy and without disability or impairment.

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