PI & Clinical Negligence analysis: In this significant 107-page judgment, Mr Justice Ritchie addresses two key issues. First, he looks at the application of Montgomery v Lanarkshire Health Board in the pressured context of the delivery room. Second, he considers the material contribution test of causation and apportionment of damage in cases of acute profound hypoxic ischaemia (PHI) leading to cerebral palsy (CP). The defendant was found negligent for a five to eight minute delay in progressing the claimant’s mother to a caesarean section (CS). Taking the midpoint of delay as six and a half minutes, it could be proved on the balance of probabilities that but for the delay, the claimant would have avoided all brain injury and accordingly, full compensation would follow. Further, even if the delay was towards the lower end of that range, the but for test would still be satisfied in respect of the majority of the claimant’s brain damage. As it would be impossible on the evidence available to determine her functional outcome but for the negligent part of the delay that caused her injuries, the claimant would similarly be entitled to full compensation for all damage suffered. Written by Carin Hunt, barrister at Outer Temple Chambers.