The ‘but for’ test is a simple and elegant guide to assessing liability in tort, but complications can and do arise
In this week’s NLJ, Ian Gascoigne, a member of the dispute resolution team at LexisNexis and a former City litigation partner, investigates how the test has shaped up in recent years.
Gascoigne highlights some problematic issues that can arise. What, for example, if several cars are involved in an accident? He writes that ‘English law will sometimes take a pragmatic view’ when confronted with difficulties, and highlights recent case law and judicial comment on the application of the test.
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