You Should Never Look a Gift Horse in the Mouth: One-Size-Fits-All Compensation in Wrongful Conception

This article reconsiders the House of Lords decision in Rees v. Darlington Memorial Hospital NHS Trust (2003) and the decision to award a conventional award of £15,000 in all cases of failed sterilisation resulting in the birth of an unwanted child. In so doing, it briefly recites the history of the Wrongful Conception action and the unique facts of Rees. It then goes on the consider the implications of two fundamental aspects of the judgment. Firstly, it looks at the 'conventional award' itself and considers the reasoning behind the award and the effect that it has on our understanding of (particularly women's) reproductive autonomy. Secondly, it analyses the rather 'unique' judgment of Lord Scott and his decision to evaluate these cases using the possessory analogy of an unwanted foal; particular focus is given to the notion of parental 'choice' in these cases and whether mitigation (i.e. abortion or adoption) can ever be considered "reasonable".

Graffiti composition: screenplay

Ongoing collaboration with Christian Marclay. ‘Graffiti Composition’ and ‘Screenplay’ are two related works consisting of live musical improvisation and performance. They are part of an ongoing collaboration with the artist Christian Marclay. 'Graffiti Composition' involved Beresford directing an invited orchestra of improvising musicians. The work focuses on making music from the random compositional acts of strangers. Prior to realization, Marclay fly-posted several hundred sheets of blank manuscript paper, collecting the sheets some days later, after passers-by had written on them – using either traditional music notation or more transgressive interference modes (colour-blocks, torn holes in or abstract graphic symbols on the paper) – and sending photographs of them to Beresford. Beresford’s directorial decisions helped these random graffiti become music via simple formal processes – restricting each musician to a handout of two MS each, or stipulating a mini-concerto for each player. Beresford’s contribution explores the paradox of improvisation stipulated by strangers and controlled, however loosely, by the structuring agency of a musical director. ‘Screenplay’ extended this collaborative process between Marclay and Beresford. Beresford and other musicians responding to a visual track comprising found and public domain moving images manipulated by Marclay – gunfight scenes from a TV Western; running water; racing cars morphing into crying children, and so on, in black-and-white, with single-colour blocks appearing and developing as lines, spots, and other suggestive ‘notation’. The elliptical, surprising, humorous nature of the images at times is hyperexplicated by the improvised music, and at others challenged, ignored or contradicted by the musicians’ interaction. ‘Graffiti Composition’ was performed by the LSO at St. Luke’s, London, March 22, 2005. ‘Screenplay’ premiered in Dundee in 2006, and toured Europe during 2007. Reviewed in the Herald (21 Feb 06) and Times (24 March 07). Beresford’s work as improviser, composer and performer was profiled in The Wire (April 2002, May 2005).