James Marwick was instructed for the claimant in this four day trial in the High Court against leading counsel.  The case concerned the midwifery care provided by the defendant Trust and raised important- and widely reported- issues as to historic evidence and obstetric causation in the delivery room.  It is one of the few reported decisions in which the principle of “claimant benevolence” has been applied in a clinical negligence case.  The argument was one developed and run in the case by James.