Bevan Brittan has advised Newcastle upon Tyne University in relation to their successful appeal for a licence to use human embryos in research into mitochondrial disease. This ground breaking application had been refused twice by the Human Fertilisation and Embryology Authority (HFEA) but on appeal Newcastle University instructed Bevan Brittan’s James Lawford Davies and were successful.

The licence will allow scientists at Newcastle to  develop a technique to avoid children inheriting defective mitochondria and the associated lethal conditions, known as mitochondrial diseases, such as muscular dystrophy.

The research project aims at developing a technique for replacing defective mitochondria with normal mitochondria in the 1-cell zygote. The research licence does not permit the resultant embryo to be implanted in a woman.

The application was refused twice as it was considered to be in breach of the Human Fertilisation and Embryology Act 1990 (see note 1).  However, an appeal committee at the HFEA overturned the decision of the license committee after being satisfied that the prohibition on interfering with the ‘genetic structure’ of an embryo was not intended to include mitochondrial DNA.

James Lawford Davies who, with Kristina Stern of 39 Essex Street, represented Newcastle at the hearing commented: “This case highlights why the Government’s review of the law in this area is needed.  It has taken a year and a half and three committee hearings to reach a resolution in this matter.  This is largely due to the ambiguity of the 1990 Act which was drafted at a time when research of this kind was nothing more than a theoretical possibility.  The Government’s review is therefore timely.”

Bevan Brittan Chief Executive Stuart Whitfield added: “Reproductive and genetic technology is a complex area where the interface with law is often controversial and ethically challenging. It requires a specialist knowledge and sensitive handling and we are delighted for the team in Newcastle that we were able to help secure the license so this important research can go ahead.”

Notes to editors
1.The application was refused twice as it was considered to be in breech of Paragraph 3 (4) of Schedule 2 of the Human Fertilisation and Embryology Act 1990:

Schedule 2,  Paragraph 3(4): A licence under this paragraph cannot authorise altering the genetic structure of any cell while it forms part of an embryo, except in such circumstances (if any) as may be specified in or determined in pursuance of regulations.

2. The current law regulating this application is the Human Fertilisation and Embryology Act of 1990.

3.   This research is regulated by the Human Fertilisation and Embryology Authority as it involves embryos.

Bevan Brittan’s lawyers are at the forefront of innovative PFI and public procurement schemes acting for both private and public sector clients.  They have worked on major processes of change in business and industry and on areas of complex scientific and technological development such as the life sciences.