INTRODUCTION
Establishing factual causation is one of the most challenging steps to assess the feasibility of potential claims in the Tort of Negligence, especially in nuanced circumstances where the injury sustained by the claimant can originate from multiple causes. This is particularly sensitive in occupational health and medical negligence claims. In some of these cases, the state of the scientific knowledge does not provide an assertive answer to establish the fundamental link between the negligent conduct of the defendant and the harm incurred by the claimant under the traditional ‘but for’ test, without risking an over-rejection of claims and a potential miscarriage of justice. Public policy concerns on how to allow a fair and equitable distribution of loss that arise in this context …
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Patricia de Moraes Paisani Matthey Claudet, Michael Holmes v Poeton Holdings Ltd [2023] EWCA Civ 1377: a necessary clarification for a non ‘de minimis’ discussion in causation, Medical Law Review. Published: 1 July 2024.
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