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...

Tort Defences in England and Wales: Limitation, Contributory Negligence, Volenti, Illegality (ex turpi), Exclusion under UCTA, Necessity and Self-Defence

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Practice notes

Defending a tort claim—general considerations

In practice, many actions are defended by arguing that the defendant owed no duty to the claimant, that no duty was breached, or that the chain of causation was interrupted. In any of these situations, the claimant has not established that the defendant is prima facie liable. For guidance on proving liability in negligence, see the following Practice Notes:

Negligence—key elements to establish a negligence claim
Negligence—when does a duty of care arise?
Negligence—when is the duty of care breached?

This Practice Note examines the defences capable of excusing a defendant from liability where prima facie liability has been shown.

Limitation defences in tort claims

Even where a duty existed and was breached, a claimant may still find their case opposed or struck out if the defence can demonstrate that the proceedings are time-barred...

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Web page updated on 21/05/2026

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