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http://dspace.mediu.edu.my:8181/xmlui/handle/123456789/5994| Title: | A Turn-up Down Under: McFarlane in the Light of Cattanach |
| Issue Date: | 30-May-2013 |
| Publisher: | AHRB Research Centre for Studies in Intellectual Property and Technology Law |
| 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. |
| URI: | http://koha.mediu.edu.my:8181/jspui/handle/123456789/5994 |
| Other Identifiers: | http://www.law.ed.ac.uk/ahrb/script-ed/docs/mason.asp http://www.doaj.org/doaj?func=openurl&genre=article&issn=17442567&date=2004&volume=1&issue=1&spage=119 |
| Appears in Collections: | Law and Political Science |
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