The “scope of duty principle” in clinical negligence involving wrongful birth

Khan v Meadows [2021] UKSC 21

In a recent clinical negligence claim involving wrongful birth, the Supreme Court has considered the correct approach to determining the scope of the duty of care owed by the defendant set out in 1997 in South Australia Asset Management Corporation v York Montague Ltd [1997] AC 191; 80 BLR 1 (generally now known as “SAAMCO”). The clinical negligence case, Khan v Meadows [2021] UKSC 21, was considered alongside the Supreme Court judgment in Manchester Building Society v Grant Thornton UK LLP [2021] UKSC 20, as the Supreme Court seized the opportunity to examine the application of the principles set out by the House of Lords in Banque Bruxelles Lambert SA v Eagle Star Insurance Co Ltd [1995] QB 375 and South Australia Asset Management Corporation v York Montague Ltd, in respect of the scope of duty principle in negligence.