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This Practice Note deals with how the principle of Material contribution operates where there are multiple defendants or causes of an injury, the different approach taken by the courts to Causation in disease cases and whether the material contribution test can be applied to other Personal injury cases when the ‘but for’ test fails. Practical guidance is also provided on how to gather evidence to establish material contribution.

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.