Tags » Causation

Causation: O'Connor v The Pennine Acute Hospitals NHS Trust [2015] EWCA Civ 1244

Jackson L.J. after reviewing Rhesa Shipping said,

64 It is not an uncommon feature of litigation that several possible causes are suggested for the mishap which the court is investigating.

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Causation Difficulties

Causation: Kiani v Land Rover Limited  [2006] EWCA Civ 880

The deceased body was found at the bottom of a tank. The case went to trial on the question of what had happened to cause the death. 659 more words

Causation Difficulties

Causation: Ide v ATB Sales Ltd [2008] EWCA Civ 424

A helpful overview of the rarity of Rhesa Shipping causation difficulties and at paragraph 6 some guidance on how to approach the issues.

Thomas L.J. said, 480 more words

Causation Difficulties

Causation: Milton Keynes Borough Council v Nulty [2013] EWCA Civ 1534

Toulson LJ said

34 A case based on circumstantial evidence depends for its cogency on the combination of relevant circumstances and the likelihood or unlikelihood of coincidence…

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Causation Difficulties

Causation: Datec Electronics Holdings Ltd and others v United Parcels Service Ltd [2007] UKHL 23

Lord Mance made the following comments in the Supreme Court about findings of fact in causation cases.

48 Nor do I accept Mr Flaux’s submission that Richards LJ was lured, by a process of elimination, into accepting as the probable cause the least unlikely of a range of possibilities all of them unlikely.

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Causation Difficulties

Causation: La Compania Martiartu v. The Corporation of The Royal Exchange Assurance [1923] K.B. 650 (CA)

A case in which the Court of Appeal which featured the doyen of shipping lawyers Scrutton L.J.

The owners ofg a ship had caused it to be scuttled. 134 more words

Causation Difficulties

Causation: Rhesa Shipping Co. SA v Edmunds, The Popi M, [1985] 1 WLR 948 [HL]

A decision of the House of Lords (now the Supreme Court) on cases where it may be difficult to identify what caused an incident. Lord Brandon said, 812 more words

Causation Difficulties