Jurisdiction(s):
United Kingdom
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...

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CPR 35-Compliant Template: Letter Instructing Clinical Negligence Expert on Causation (England and Wales)

Precedents
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Dear [ insert expert’s name ]

  • Claimant’s name: [ insert the Claimant’s name ]
  • Claimant’s address: [ insert the Claimant’s address ]
  • Claimant’s date of birth: [ insert date of birth ]
  • Date of alleged negligent treatment: [ insert date of alleged negligent treatment ]

I represent the claimant regarding a claim for Damages arising from treatment they received whilst under the care of [ insert name ] on [ insert date OR between [ insert date ] and [ insert date ] ]...

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Arti Shah
Arti Shah

Arti is a Solicitor specialising in Medical Negligence claims. She graduated with a First Class Degree in Law and joined the team at Field Fisher in 2013 having qualified in 2009. Arti acts exclusively on behalf of Claimants, and has experience of dealing with a wide range of medical negligence claims. She has a particular interest in bile duct injury, orthopaedic and ophthalmic cases. She also has experience of working on maximum severity claims, including cerebral palsy and brain injury cases. Arti was awarded the prestigious title of Young Achiever of the Year at the annual Personal Injury Awards in 2011. Lexis®PSL Personal Injury...

Web page updated on 22/05/2026

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