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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

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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