Causation (More than one causes (Own acts of defendant (MCKew V Holland…
More than one causes
Knightly V Johns
Jobling V Associated Diaries
Own acts of defendant
MCKew V Holland
Wyeland V Cyrill Carpets
Man at the petrol station. Spence V Wincanton Holdings Ltd
Kikham V Anderton, Reeves V Metropolitan Police
Corr V IBC
Negligent acts of third parties
Baker V Willoughby
Barnett V Chelsea & Kensigton - but for test
Challenges to but for
Loss of chance
Gregg V Scott
Allied Maples V Simmonds & Simmonds (1995) Commercial situations
Material contribution to harm (Cumulative)
Bonnington Castings V Wardlaw
Material contribution to risk - Where it can't be determined whether it's cumulative or a single strand
Fairchild V Glenhaven Funeral Services
Barker V Chorus (3 different employers including self-employment
Apportionment of damages to 'smooth out justice'.
McGhee V National Coal Board - Brick Kilns
Wilsher V Essex
No increase in risk where there were a number of possible agents causing the injury.
Bonnington or Fairchild not raised
Hotby (Mesothelioma case) was apportioned between employers.
Rahman V Arearose (beating from work and negligent medical treatment), Hutton V Sunderland (stress) apportioned
Barker V Chorus although divided between 3 employers criticised the case of Rahman V Arearose and Hutton V Sunderland. Simmonds V Britiswh Steel Plc (2004) applied the material contribution test of Bonnington and awarded 100% damages.
Bailey V Ministry of Defence (Brain damage could not be apportioned to each of the causes.