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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

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

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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