David Evans QC for hospital trust before Cheema-Grubb J. [2016] EWHC 1246 (QB). Despite a midwifery breach of duty, the Judge held that there was no breach of duty by the obstetrician and that the culpable midwifery delay of 3 minutes would have made no material difference. In any event, C had failed to show that even the pleaded 6 to 9 minutes would have made a material difference to the outcome.