Matthew Donmall, Author at The QMLR Archive

Breach Found in Pre-Conception Claim

Toombes v Mitchell [2021] EWHC 3234 (QB) The Claimant suffered from a congenital defect, as a result of her mother not having taken folic acid before her conception. Her claim alleged that, at a pre-conception consultation on 27 February 2001, Dr Mitchell, the Defendant, negligently failed to advise her mother,…

By Matthew Donmall May 24, 2022Clinical negligence, Issue 11Wrongful birth

Issue 10 Quantum

Quantum: Contrasting Outcomes in Two Fatal Accident Cases

Chouza v Martins and others [2021] EWHC 1669 (QB) Steve Hill Ltd v Witham [2021] EWCA Civ 1312 Although very different cases on the facts, these two recent judgments show the risks involved in litigation. Chouza shows the danger that having heard the evidence, a judge might accept almost the…

By Matthew Donmall January 19, 2022Issue 10, QuantumFatals

Issue 8 Quantum

Quantum: Future Loss of Earnings / Dependency in Family Business Cases

Rix v Paramount Shopfitting Co Ltd [2020] EWHC 2398 (QB) Head v Culver Heating Co Ltd [2021] EWCA Civ 34 These two recent cases illustrate the complexities that can arise in a situation where the injured (or deceased) person has (or had) his or her own business, with income both…

By Matthew Donmall April 15, 2021Issue 8, Quantumdependency, Fatals