A Turn-up Down Under: McFarlane in the Light of Cattanach

A Turn-up Down Under: McFarlane in the Light of Cattanach

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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 MSM 1000MG 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 Maytag Whirlpool Bowl Removal Tool 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.