Jurisdiction(s):
United Kingdom

Zgonec-Rozej v Pereira: Court of Appeal reaffirms primacy of 'but for' causation, limits material contribution, and addresses partial settlements in suicide-related psychiatric negligence (England and Wales)

Published on: 06 May 2025

Published by a LexisNexis PI & Clinical Negligence expert

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Article summary

Ms Misa Zgonec-Rozej (on her own behalf and as executor of the Estate of Mr John Richard William Day Jones deceased) and others v Pereira [2025] EWCA Civ 171

What are the practical implications of this case?

Claims in clinical negligence and personal injury are increasingly apt to invoke the doctrine of material contribution as a stand-in for ‘but-for’ causation, without pausing to assess its suitability to the facts in issue. This judgment provides a check on that mission creep. The Court of Appeal reaffirmed that material contribution operates within narrow, clearly delineated limits and is not a substitute for proof. Even where causation of the injury is plainly multi-factorial, the court should first seek to resolve the case on a ‘but-for’ footing. It is only if a ‘but-for’ conclusion cannot be reached in favour of either party that the court may turn to material contribution. The decision underscores a strategic lesson. When settling with some, but not all, defendants, parties and their legal advisers should consider how those settlements—and the settling parties’ absence at trial—may affect the claimant’s ability to marshal and adduce evidence against the defendants who remain for trial...

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