07 August 2008
Bailey (by her father and litigation friend) v Ministry of Defence and another [2008] EWCA Civ 883, [2008] All ER (D) 382 (Jul)
In a case where medical science cannot establish the probability that “but for” an act of negligence the injury would not have happened, but could establish that the contribution of the negligent cause was more than negligible, the “but for” test is modified, and the claimant would succeed.
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