Dear all,

The Singapore Court of Appeal has handed down judgment in ACB v Thomson Medical Pte Ltd and others [2017] SGCA 20 in a rare and very unfortunate "wrongful fertilisation" case, in which a hospital administering IVF treatment negligently caused the mother to conceive a baby after being impregnated with the wrong man's sperm.

The Court of Appeal did not allow the mother to claim the costs of raising the baby, on the basis that to do so would be contrary to public policy. However, it did allow the mother to claim damages for a loss of "genetic affinity", which was recognized as an actionable head of compensatory damages. Such damages were held to be 30% of the costs of raising the baby.

The Court of Appeal also decided that Rookes v Barnard should be departed from, and that punitive damages can in principle be awarded for a claim in negligence.

Numerous list members are cited in the judgment, which may be found under the "Judgments" section at www.singaporelawwatch.sg.

Colin