Causation (Commercial) definition

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Causation and remoteness in professional negligence claims

In analysing the causation and remoteness aspects of a professional negligence claim, a good starting point are the 2021 Supreme Court decisions in Manchester Building Society v Grant Thornton (accountants’ negligence) and Khan v Meadows (clinical negligence) where the court (of identical constitution in the two decisions) considered that:‘ [...] adoption of an analysis of [the below] provides a helpful structure in which to assess the role of the scope of duty principle, “but for” causation and foreseeability of harm in the context of claims of clinical negligence. The product of this analysis assists in the determination of the extent of the claimant’s entitlement to damages in accordance with the principle that the law in awarding damages seeks, so far as money can, to put the claimant in the position in which he or she would have been absent the defendant’s negligence.’ (Khan at para [58])The analysis (at para [6] of Manchester and reproduced at para [28] of Khan) requires posing and answering the following questions:‘6. [...](1) Is the harm...

Causation and remoteness in tort and negligence claims

This Practice Note considers the requirement for causation as part of establishing a viable claim in tort, including in negligence claims. It considers the aspects of factual causation: including the ‘but for’ test, evidencing it and its limits, inferring causation, consideration of special circumstances and scientific uncertainty and legal causation: including the effective cause of the damage (eg third party act or omission and claimant’s own intervening conduct) and the remoteness of the damage sought to be recovered (foreseeability).For guidance on causation in the specific context of professional negligence claims, see Practice Note: Causation and remoteness in professional negligence claims and related guidance.For guidance on causation in personal injury and clinical negligence claims, see Practice Notes:•Causation in personal injury claims•Causation and material contribution in clinical negligence claimsCausation in tort—when required and what it entailsIn most torts, where a defendant breaches its duty towards the claimant, the defendant is only liable if the claimant can establish that the breach in question has resulted in some harm, ie causation.Only strict liability torts...