When is Life an Injury? The Case of Toombes v Mitchell [2021]

Activity: External talk or presentationOral presentation


In Toombes v Mitchell [2020] and [2021], the High Court seemingly took a radical departure from the conventional approach of British courts and found that to be deprived the opportunity to be born a genetically different individual was appropriate grounds for compensation. This paper seeks to evaluate these decisions in the context of the application of both the Congenital Disabilities (Civil Liability) Act 1976 and the Wrongful Life claims. Beyond this, it will consider how this case can be accorded with previous decisions involving claims for liability for the birth of a child and whether Toombes marks a new era for the courts in these types of claims.
Period5 Apr 2022
Held atSchool of Business and Law