Causation meaning

The following are some of the features and factors (not all of which will be readily discoverable at a very early stage) to consider when assessing whether a claim is appropriate for the LVI defence: The respective weight of both vehicles: a heavier vehicle striking a lighter one creates a greater impact than a crash between vehicles of comparable weight. Age and design of the vehicle: some models provide better shock absorption, for example with large bumpers. Location of impact: a direct rear-end hit passes more energy than a collision at an angle. Presence of a tow bar: a tow bar channels impact energy through the car, increasing injury risk. Handbrake applied: engaging the handbrake reduces the likelihood of injury. Claimant’s age and sex: females face a higher chance of whiplash, and risk rises with age. A pre-existing medical condition: heightens susceptibility to whiplash injury. Whether the claimant anticipated the impact and braced themselves: bracing diminishes the risk of neck...

Is there an actionable claim? Note: private competition claims are predominantly governed by national law, and procedural as well as substantive rules differ markedly across the EU; accordingly, when planning competition litigation, assessments will need to be made for each individual jurisdiction. Possible causes of action Assess whether UK competition law has been breached (or EU competition law where the period predates the end of the Brexit transition period). Determine if the loss arises from an agreement or concerted practice between undertakings, particularly between competitors (see further, The prohibition on restrictive agreements). Evaluate whether an undertaking that is arguably dominant—typically indicated by a substantial share of a relevant market—caused the loss through abusive conduct contrary to Chapter II of the Competition Act 1998 (and/or Article 102 TFEU if before the end of the Brexit transition period) (see further, The prohibition on abuse of dominance). Consider whether other national or foreign competition laws have...

This checklist outlines the current position under the Pre-Action Protocol for Professional Negligence claims (the ‘Protocol’). For general guidance, see Practice Note: Professional negligence claims—the pre-action protocol. Read alongside Practice Note: Professional negligence claims—pre-action protocol—claimant issues. For further detail on pursuing a professional negligence claim (including a worked hypothetical set of pleadings), see: Starting a professional negligence claim—a practical guide Pleading professional negligence claims—worked hypothetical examples Together with the template Precedent: Particulars of claim—professional negligence claim. Client’s initial instructions of potential professional negligence claim Limitation See Practice Note: Limitation—professional negligence claims. Is a limitation issue pending? If so: consider issuing protective proceedings negotiate a standstill agreement See Practice Note: Professional negligence claims—the pre-action protocol—Limitation and the professional negligence PAP. Initial investigations background basis of claim (in contract, tort, etc) any obvious difficulties with causation preliminary view on quantum need to retain expert evidence now?... ...

In this issue: Key DR developments Claims and remedies Cost and funding Case management Scottish Dispute Resolution New content Dates for your diary Useful information Daily and weekly news alerts Key DR developments Court information HMCTS updates Form N215 certificate of service HM Courts & Tribunals Service (HMCTS) has issued a revised English Form N215 Certificate of Service for civil proceedings, which also brings in a new statement of truth. While the layout has been updated, the details required remain unchanged, with extra notes added to assist with completing the form. For further detail, see: HMCTS updates Form N215 certificate of service—LNB News 27/01/2026 36. Additional permanent courtrooms to boost capacity The government will make four former Nightingale Courts in Fleetwood, Telford, Chichester and Cirencester permanent, creating 11 additional courtrooms across England and Wales to increase capacity for criminal, family and civil work and help cut delays. For further detail, see:...

In this issue: Advertising, marketing and sponsorship Agency and distribution Consumer protection Contracts Contractual joint ventures International Daily and weekly news alerts Dates for your diary Trackers New and updated content Advertising, marketing and sponsorship ASA rulings—19 March 2025 A single complaint was made to the Advertising Standards Authority (ASA) about Haven Leisure Ltd’s claims on holiday pricing. The ASA upheld the complaint. See: LNB News 19/03/2025 11. Agency and distribution Recovery Partners GP Ltd v Rukhadze [2025] UKSC 10 The Supreme Court dismissed the appellants’ appeal against an order to account for profits earned in breach of duty; they were employees of the respondent companies and owed fiduciary duties. The court affirmed strict adherence to the fiduciary ‘no profit’ rule, rejecting arguments for a ‘but for’ causation test and for counterfactual enquiries into whether the gains could have been authorised if consent had been sought. See: Recovery Partners GP...

Johnstone v Fawcett’s Garage (Newbury) Ltd [2025] EWCA Civ 467 What are the practical implications of this case? The key consequence of the ruling is the Court of Appeal’s categorical and wholesale dismissal of the ‘absolute risk approach’, put forward by the defendant in this case on the strength of obiter support from the High Court in Bannister v Freemans Public Ltd Company [2020] EWHC 1256 (QB). As a consequence of the Court of Appeal’s decision in this case, those obiter remarks in Bannister should no longer be regarded as representing good law, or treated as authoritative. The judgment further confirms that it was open to the trial judge in this case to employ a ‘direct risk assessment’ to calculate the increase in the risk of a person developing mesothelioma, and that doing so was permissible on the facts. It does not, however, set a general principle that this technique is valid or appropriate in all comparable matters involving low doses of exposure, although the court’s acceptance of...

Overview This Practice Note forms part of our LLB Contract Law series for law students. It surveys the remedies for breach of contract, with damages at the heart of the common law response. Setting remedies within the framework of contract, it explains when a party may terminate—most notably for breach of conditions and of innominate (or ‘intermediate’) terms. It then sets out the expectation principle from Robinson v Harman (1848) 1 Exch 850, stressing that an award should put the claimant in the position they would have been in had performance occurred. The Note next traces the principal constraints on recovery—causation, remoteness, and the duty to mitigate—and discusses leading cases on mitigation to show how these limits operate even once breach is proved. It also considers alternative measures—expectation, reliance and, in rare cases, restitutionary recovery—before addressing quantification, including the contrast between ‘difference in value’ and ‘cost of cure’ illustrated by Ruxley Electronics v Forsyth [1996] AC 344. Finally, it deals with non-pecuniary loss and the contemporary approach to liquidated...

PI & Clinical negligence horizon scanner—July 2025 [Archived] ARCHIVED: This Practice Note is archived and is not maintained. It summarises the principal legal developments relevant to personal injury and clinical negligence practitioners as at July 2025. For developments predating this horizon scanner, see PI and Clinical Negligence horizon scanning and key cases—overview. Key PI and clinical negligence developments The personal injury discount rate—a review In late 2024, the Lord Chancellor, Shabana Mahmood MP, revealed the outcome of her five‑month review of the discount rate, initiated in July 2024. One month after the new +0.5% discount rate took effect, Thea Wilson (barrister at 12 King’s Bench Walk) assesses its impact on cases, the responses from claimant and defendant representatives, and the consequences of the change for legal practitioners. See News Analysis: The personal injury discount rate—a review. MoJ announces reduction in CFO’s interest rates The Ministry of Justice (MoJ) has announced lower interest rates for the Courts Funds Office’s (CFO) special and basic accounts...

The Corporate Manslaughter and Corporate Homicide Act 2007 (CMCHA 2007) CMCHA 2007 applies throughout the United Kingdom and establishes the offence of corporate manslaughter (referred to in Scotland as corporate homicide). This Practice Note addresses corporate manslaughter rather than corporate homicide, because certain provisions of CMCHA 2007 draw slight distinctions between the two offences. For a primer on the offence, see Practice Note: Corporate manslaughter—an introductory guide. Where the interests of justice so require, a prosecution may advance a charge of corporate manslaughter arising from a particular set of facts alongside, based on some or all of the same facts, an offence under any health and safety legislation. Equally, an organisation already convicted of corporate manslaughter in relation to specified circumstances may, if justice demands, face an additional charge under relevant health and safety legislation grounded on some or all of those circumstances. For further detail on enforcement and prosecution under CMCHA 2007, see Practice Notes: Corporate manslaughter—enforcement and prosecution and Sentencing for corporate manslaughter. For a...

Dear [ insert expert’s name ] Claimant’s name: [ insert Claimant’s full name including title ] Claimant’s address: [ insert address ] Claimant’s date of birth: [ insert date of birth ] Date of alleged negligent treatment: [ insert date ] I represent the above-named in relation to injuries said to result from alleged clinical negligence occurring on the date noted. Thank you for agreeing to prepare a report addressing breach of duty/causation/condition and prognosis [ delete as appropriate ] in this matter. Please ensure you fully comprehend any clinical guidance relevant to the issues and that you hold the necessary facts to apply such guidance correctly. You should also be familiar with Part 35 of the CPR, the Practice Direction to Part 35, and the duties and requirements for experts giving expert evidence. In that regard, please see the appendix to this letter of instruction. Your task is to assist the court by providing impartial, independent opinions confined to your...

IN THE COUNTY COURT AT [ INSERT LOCATION ] CLAIM NO. [ INSERT NUMBER ] Between X Y Claimant - and - A B Defendant It is accepted that the Claimant commenced employment with the Defendant as a [ insert job title ] on [ insert date ]. On [ insert date ], the Defendant provided the Claimant with its Codes of Safe Working Practice, covering the operation of assorted machinery. The meaning and intent of those Codes were explained to [ him OR her ]. On [ insert date ], the Claimant received the Defendant’s Guide to Hand-Arm Vibration Syndrome. It contained written guidance on the cause, identification, prevention, and treatment of HAVS. By the end of the 1970s, hand/arm vibration syndrome was widely recognised. From the time [ he OR she ] was given the above Guide, the Claimant understood the risks of hand/arm vibration syndrome arising from using any vibrating tools in [ his OR her ] work and what [...

Dear [ insert name of costs draftsman ] Re: [ Client’s name ] Address: [ Insert address ] Date of Birth: [ Insert date of birth ] Date of Accident: [ Date ] Claim Number: [ insert from N1 claim form ] We write in relation to the above matter. This claim relates to [ insert brief details of case ]. Proceedings were commenced on [ date ] and served on [ date ]. We expect the main issues to include: [ Insert details ] 1 Incurred costs For particulars of incurred costs, please refer to the fee notes and the file attached. We have secured the following evidence: Breach of duty evidence: [ Insert details of expert evidence ] Causation evidence: [ Insert details of expert evidence ] Condition and prognosis evidence: [ Insert details of expert evidence ] Witness statements: [ Insert details of witnesses ] Additional supporting evidence: [ Insert details ]...