Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Causation definition

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...

Causation in clinical negligence: 'but for', material contribution, risk, loss of chance, apportionment, intervening acts, remoteness and informed consent

Published by a LexisNexis PI & Clinical Negligence expert

Practice notes

Khan v Meadows

In Khan v Meadows, the Supreme Court outlined a framework for analysing the constituent parts needed to establish negligence, including the scope of duty and causation. For further guidance, including on the limits of the defendant’s duty of care, see Practice Note: Duty of care and breach in clinical negligence claims.

Causation has two elements that a claimant must demonstrate:

Is the loss a consequence of the defendant’s act or omission? (the factual causation question)
Is any part of the harm unrecoverable because it is too remote, because there is another effective cause (including an intervening act that broke the chain of causation), or because the claimant has mitigated their loss or failed to avoid loss they could reasonably have avoided?...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

David Juckes

Hailsham Chambers

David has a broad practice including clinical and professional negligence, professional discipline, and personal injury. He has been instructed on inquests, civil trials and regulatory hearings. He drafts pleadings and advises in personal injury, clinical negligence and professional negligence disputes, and has also advised on matters of professional indemnity....

Web page updated on 21/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

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...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...