Toombes v Mitchell

Toombes v Mitchell

A claim by a child born disabled due to negligent advice affecting the mother's ability to have a healthy child before conception falls within s.1(2)(a) of the Congenital Disabilities (Civil Liability) Act 1976 and is actionable; it is not excluded as a 'wrongful life' claim.

Parties
Claimant: Evie Toombes; Litigation Friend: Caroline Toombes; Defendant: Dr Philip Mitchell
Jurisdiction
England and Wales
Judgment Date
21 December 2020
Procedural Posture
Civil / Trial of Preliminary Issue
Outcome
Judgment for the Claimant
Legal Topics
Wrongful Birth, Wrongful Life, Congenital Disabilities (civil Liability) Act 1976, Pre Natal Injury, Duty of Care, Causation
Tort Law Medical Negligence Wrongful Birth Wrongful Life Congenital Disabilities (civil Liability) Act 1976 Pre Natal Injury Duty of Care Causation

Case Brief

Summary, issues, holding and outcome

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Parties

Evie Toombes

Claimant

Caroline Toombes

Litigation Friend

Dr Philip Mitchell

Defendant

Procedural Posture

Civil / Trial of Preliminary Issue

Legal Issues

  1. 1 Whether the claim discloses a lawful cause of action under the Congenital Disabilities (Civil Liability) Act 1976
  2. 2 Whether the claim is properly characterised as 'wrongful life' and thus excluded under the Act
  3. 3 Whether a child born disabled due to pre-conception negligence has a remedy under the Act

Ratio Decidendi

A claim by a child born disabled due to negligent advice affecting the mother's ability to have a healthy child before conception falls within s.1(2)(a) of the Congenital Disabilities (Civil Liability) Act 1976 and is actionable; it is not excluded as a 'wrongful life' claim.

Court Disposition

Judgment for the Claimant

Orders

  • The Claimant has a lawful claim for damages for personal injury arising from her disability.