PI & Clinical Negligence analysis: Her Honour Judge Emma Kelly, sitting as a High Court judge, dismissed a claim for damages arising from the stillbirth of the claimant’s son on grounds of causation. The court had identified that the midwives charged with monitoring the claimant had breached their duty in several respects including failures to refer for obstetric review and a failure to monitor her condition overnight. When determining causation, the judge considered the extent to which the concept of ‘Claimant Benevolence’, or Keefe benevolence, could be applied, ie, whether the court could err in favour of the claimant where the defendant’s negligence had deprived her of the best evidence. The judge accepted that the concept had a role to play, but did not accept that claimant benevolence could provide a bridge to causation in the face of reasoned expert evidence to the contrary. Written by David Juckes, barrister at Hailsham Chambers.