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

Abstract

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.