Cripps v Norfolk and Norwich University Hospitals NHS Foundation Trust
[2024] EWHC 615 (KB)·2024·Damages assessed at trial
The trust admitted that a misreported smear delayed the diagnosis of cervical cancer, and the claimant, who lost her fertility through treatment, asked for a further interim payment to fund surrogacy abroad. The judge refused because the evidence was not yet complete enough to be confident a trial judge would allow that cost.
Even with liability admitted, an interim payment will only be ordered for sums the court is confident will be recovered at trial. Whether overseas surrogacy costs are recoverable depends on a reasonableness test decided on full evidence.