What does Causation mean? Causation describes how the law links a person’s conduct to a harmful outcome, so as to establish liability in negligence and other torts/delicts, or guilt in criminal offences. - Factual causation: usually the ‘but for’ test—would the loss or injury have occurred but for the defendant’s act or omission? In limited circumstances, courts accept material contribution to harm or a material increase in risk (notably for indivisible diseases), and address multiple concurrent or successive causes. - Legal causation (scope of liability/remoteness): whether the kind of damage was reasonably foreseeable and whether any novus actus interveniens broke the chain of causation. The thin...
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For guidance on causation in clinical negligence matters, refer to Practice Note: Causation and material contribution in clinical negligence claims.
The baseline for proving causation is the ‘but for’ test: but for the defendant’s breach of duty, would the claimant have suffered the harm in question?
In a personal injury claim alleging negligence or breach of statutory duty, the claimant must show the defendant owed and breached a duty, and that this breach resulted in loss or damage.
It is helpful to consider the claim in key components:
The claimant bears the burden of proving the breach caused the damage by establishing that, but for the breach, the damage would not have occurred. If no causal nexus is shown between the impugned act and the harm suffered, the claim will fail...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
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