Material contribution in personal injury claims


Published by a UUÂãÁÄÖ±²¥ PI & Clinical Negligence expert
Practice notes

Material contribution in personal injury claims


Published by a UUÂãÁÄÖ±²¥ PI & Clinical Negligence expert

Practice notes
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The standard test for determining whether the defendant’s breach caused the claimant’s loss is the ‘but for’ test. This test requires the court to consider: but for the breach of the duty by the defendant, would the claimant have sustained the damage? For further guidance, see Practice Note: Causation in Personal injury claims. For guidance on causation in clinical Negligence cases, see Practice Note: Causation and Material contribution in clinical negligence claims.

It is only when the ‘but for’ test fails that ‘material contribution’ should be considered.

Beyond the ‘but for’ test

Where the ‘but for’ test is applied to establish causation in certain situations, it can fail to adequately address important issues. This is particularly the situation in many occupational disease and clinical negligence cases. This is because in such cases the chain of causation can be complicated by multiple factors, resulting in the ‘but for’ test presenting multiple possible causes.

See Practice Notes: Asbestos—causation in personal injury claims and Causation and material contribution in clinical negligence claims.

In these circumstances,

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Jurisdiction(s):
United Kingdom
Key definition:
Causation definition
What does Causation mean?

Causation comprises the policy definitions on what in law constitutes a factual connection between an act and a consequence that in some way follows from that act.

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