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Causation (But for test - Barnet V Chelsea and Kensington Hospital…
Causation
But for test - Barnet V Chelsea and Kensington Hospital Management Committee
Challenges to but for test
Loss of chance
Hotson V East Berkshire HA (1987) 25% chance - necrocis
Gregg V Scott (2005) Loss of chance of living a further 10 years.
The recognition of possible rather than probable causation would be too radical a change to our law as to amount to a legislatvie act. Lord Hoffmann
Lady Hale - coin toss example. If the law were to recognise a loss of chance for a specific outcome then there would be problems with apportioning damages. Also, it would lead to complex expert evidence as well as difficulties in negotiations. Further it's a two edged sword in that a claimant who would otherwise be entitled to full recover would only partially recover while a defendant would always be liable to one extent or another. Much uncertainty would be caused in the law.
Allied Maples V Simmons & Simmons (1995) Loss of chance in economic losses.
Material contribution to risk
MeGhee V National Coal Board (1973) Brick dust
Fairchild V Glenhaven Funeral Services Ltd (2003)
Lord Bingham - Had there been only one torfeasor he would have been able to recover, but because the duty is broken by two tortfeasors he is not able to recover against neither because he cannot show what is scientifically impossible.
Barker V Chorus (2006)
Attribution of liability on a time-apportionment basis to 'smooth the roughness of justice that joint and several liability creates.
Compensation Act 2006
Wilsher V Essex
Material contribution to harm
Bonnington Castings V Wardlaw - Pneumonoconiosis as a result of inhaling silicone dust.
Multiple sufficient sources
Baker V Willoughby (1970)
Performance cars V Abraham
Jobling V Associated Dairies Ltd (1982) Non tortious intervening event
Intervening acts
Knightley V Johns (1982)
Deliberate wrongful act
Intervening act of claimant
McKew V Holland and Hannen and Cubitts (1969)
Wieland V Cyrill Lord Carpets (1969)
Suicide
Corr V IBC Vehicles (2008)
Kirkham V Chief Constable of Manchester Police (1990)
reeves V Commissioner of Police for the metropolis.
Negligent acts of third parties
Rouse V Squires
Wright V Lodge