Rees v Darlington Memorial Hospital NHS Trust [2003] UKHL 52

House of Lords

Facts:X, blind, underwent a sterilization procedure that failed, resulting in an unwanted pregnancy and healthy child. X sought damages for the costs associated with rearing the child.

Issue: Can damages be awarded for the cost of raising an unwanted but healthy child due to a negligently performed sterilization?

Held: Appeal allowed; distributive justice precluded an award of damages against a doctor or health authority in respect of the costs of bringing up a normal healthy child.

• Lord Bingham of Cornhill:
  The approach from McFarlane should apply, disallowing full damages for rearing a healthy child. Compensation should be limited to the costs and trauma directly related to the sterilization failure.

• Lord Nicholls of Birkenhead:
  The McFarlane principle remains valid. Full damages for child-rearing costs are not appropriate when the child is healthy.

• Lord Steyn (Dissenting):
  Consideration should be given to the disabled parent’s unique circumstances, even though this may push the boundaries of judicial creativity.