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28 June 2024 / Ian Gascoigne
Issue: 8077 / Categories: Features , Judicial line , Tort
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Causation & the ‘but for’ test

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Ian Gascoigne explains how judges have shaped this simple but sometimes ‘inadequate’ test
  • Discusses case law showing the use of the ‘but for’ test as a ‘strong but not rigid’ guide to assessing liability in tort, and to determine liability for a loss following breach of a duty.

Causation, the requirement for a victim of a tort to show how loss was caused to them, is familiar ground in breach of duty claims. It bridges the gap between breach of an obligation or duty and loss. Lawyers tend to address the first, proving that someone is in the wrong, while victims focus more usually on the second—what they have lost.

One problem is that a victim’s view of responsibility for loss may not fit the legal one. Along with duty and remoteness, the causation test is a dividing line between somebody having legal responsibility and avoiding it.

As an illustration, in Barnett v Chelsea and Kensington Hospital Management Committee [1969] 1 QB 428, [1968] 1 All ER

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MOVERS & SHAKERS

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The Legal Action Group (LAG)—the UK charity dedicated to advancing access to justice—has unveiled its calendar of training courses, seminars and conferences designed to support lawyers, advisers and other legal professionals in tackling key areas of public interest law
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
Employment law is shifting at the margins. In his latest Employment Law Brief for NLJ this week, Ian Smith of Norwich Law School examines a Court of Appeal ruling confirming that volunteers are not a special legal species and may qualify as ‘workers’
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