Causation CASES

Law books on a desk

Chester v Afshar [2004] UKHL 41 (14 October 2004)

Miss Chester underwent spinal surgery without being warned of a 1-2% risk of nerve damage. The risk materialised, causing partial paralysis. Although she could not prove she would never have had surgery, the House of Lords held the surgeon liable, modifying conventional causation principles to protect patient autonomy and the...

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Barker v Corus (UK) Plc [2006] UKHL 20 (3 May 2006)

Workers contracted mesothelioma after being exposed to asbestos by multiple employers. The House of Lords held that defendants liable under the Fairchild exception should bear only several liability proportionate to their contribution to the risk, not joint and several liability for the whole damage. Facts These three conjoined appeals concerned...

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Allied Maples Group Ltd v Simmons & Simmons (a firm) [1995] EWCA Civ 17 (12 May 1995)

Allied Maples acquired businesses from the Gillow Group but received negligent advice from their solicitors regarding protection against contingent liabilities from assigned leases. The Court of Appeal established that where loss depends on a third party's hypothetical actions, a claimant need only prove a substantial chance of success, with evaluation...

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Ministry of Defence v AB [2012] UKSC 9 (14 March 2012)

Veterans of British nuclear tests claimed injuries from radiation exposure. The Supreme Court considered whether their claims were time-barred under the Limitation Act 1980, specifically examining when 'knowledge' of attributability arose for limitation purposes. The majority held that subjective belief could constitute knowledge, dismissing the appeals. Facts Between 1952 and...