Source: All England Reporter
Publisher Citation: [2002] All ER (D) 306 (Jan)
Neutral Citation: [2001] EWCA Civ 20
Court: Court of Appeal, Civil Division

Clarke LJ and Wall J

Representation Mohamed Taranissi for the clinic.
  Belinda Schwehr of Rowe & Maw for the patient.
  Dinah Rose (instructed by Morgan Cole) for the authority.
Judgment Dates: 31 January 2002


Medical treatment - Human reproduction - Infertility - In vitro fertilisation - Statutory authority created to regulate treatment involving creation, keeping and use of human embryos outside the body - Authority's code of practice precluding use of more than three embryos in one cycle - Clinic wishing to use more than three embryos in treatment of patient - Authority refusing to authorise treatment - Whether authority's decision susceptible to judicial review - .

The Case

Where, as was manifest in the instant case from an examination of the facts, the Human Fertilisation and Embryology Authority had considered a request for advice carefully and thoroughly, and had produced an opinion which was plainly rational, the court had no power to intervene and strike down the decision.

Practice Areas

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