Resources

Resources

Eastern and Western Perspectives on Surrogacy
Editors: Jens M. Scherpe Reader in Comparative Law and Director of Cambridge Family Law, the University of Cambridge Cheng Yu Tung Visiting Professor in Law, the University of Hong Kong Honorary Professor, the University of Aalborg Academic Door Tenant, Queen Elizabeth Building, London Claire Fenton-glynn Lecturer in Law, the University of Cambridge Associate Member, Harcourt Chambers, London Terry Kaan Associate Professor of Law & Co-Direc ...
English court decision: An NHS Trust and others v Y (by his litigation friend, the Official Solicitor) and another [2018] UKSC 46
Supreme Court of the United Kingdom rules that prior application to court is not necessarily required before clinically assisted nutrition and hydration can be withdrawn from a patient with a prolonged disorder of consciousness
An NHS Trust and others v Y (by his litigation friend, the Official Solicitor) and another [2018] UKSC 46   The Supreme Court of the United Kingdom ruled that neither the domestic law nor the European Convention on Human Rights (“ECHR”) made it mandatory, in every case, to apply to the court for approval before clinically assisted nutrition and hydration (“CANH”) could be withdrawn from a patient with a prolonged disorder of consciousness (“PDOC”) ...
Singapore court decision: UKM v Attorney-General [2018] SGHCF 18 -
Singapore court allows gay man’s application to adopt biological son conceived through surrogate mother
Singapore court decision: UKM v Attorney-General [2018] SGHCF 18 Facts: The appellant had been in a long-term relationship with his same-sex partner. They decided to raise a child together and paid a surrogate mother in the United States to carry and deliver a baby conceived through in vitro fertilisation, in which procedure the appellant’s sperm and the egg of an anonymous donor were used. Subsequently, the surrogate mother gave birth to the appellant’s biological son (“th ...
Volunteer Rescuers and Good Samaritan Law in Hong Kong
30 November, 2018 While the debut of the blue mannequin-like Fire Services Department mascot “Anyone” (“任何仁”), as well as the message it promotes (“Anyone can save lives in emergencies!”), has become massively popular in Hong Kong, it has also raised some concerns about whether those who attempt to follow this message may be held legally liable for doing so if something goes wrong with the rescue attempt. Hong Kong follows the English common law position, wh ...
English court decision: Darnley v Croydon Health Services NHS Trust [2018] UKSC 50
Supreme Court of the United Kingdom finds that receptionists at A&E departments owe a tortious duty of care to patients not to provide inaccurate/ misleading information regarding waiting times.
Darnley v Croydon Health Services NHS Trust [2018] UKSC 50 Facts: A 26 year-old man Michael Darnley sought assistance at an Accident and Emergency (“A&E”) department in a hospital in the United Kingdom which was managed by the Croydon Health Services NHS Trust after he was struck on the head by an unknown assailant. The receptionist informed Darnley that he would have to wait up to 4-5 hours before someone could attend to him. However, the usual practice of the A&E Depart ...
Hong Kong court decision: Lam Wing Hei & another v Hospital Authority
A baby’s negligence claim against the Hospital Authority for failing to inform her mother at the time of the pregnancy of the baby’s chromosomal defect and the associated risk of disabilities was barred by statute and not permitted by common law.
Lam Wing Hei (a minor suing by her mother and next friend Lam Tsz Kiu) and Lam Tsz Kiu v Hospital Authority [2018] 2 HKLRD 1441 The Hong Kong Court of First Instance recently held in the case of Lam Wing Hei (a minor suing by her mother and next friend Lam Tsz Kiu) and Lam Tsz Kiu v Hospital Authority [2018] 2 HKLRD 1441 that, even if the Hospital Authority failed to advise the mother (the second plaintiff) of the material risk of the baby being born seriously deformed so that she may conside ...

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