header-logo header-logo

28 June 2024 / Ian Gascoigne
Issue: 8077 / Categories: Features , Judicial line , Tort
printer mail-detail

Causation & the ‘but for’ test

179410
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Katten Muchin Rosenman—Charlotte Hill

Katten Muchin Rosenman—Charlotte Hill

Katten strengthens financial markets and funds group in London

Hugh James—Keith Cundall & Lee Hart

Hugh James—Keith Cundall & Lee Hart

Hugh James expands national Serious Injury team with two new Partners

HFW—Rémi Ducloyer

HFW—Rémi Ducloyer

HFW continues Paris office growth with public law Partner hire

NEWS
The Court of Appeal's decision in Mazur v Charles Russell Speechlys LLP has lifted months of uncertainty for Chartered Legal Executives while prompting a rethink of regulation and supervision
The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
back-to-top-scroll