Causation: Statistics in medicine

Civitas Chambers | Personal Injury Law Journal | May 2020 #185
Ian Meikle considers the approach to causation in the clinical negligence case of Schembri v Marshall [2020] ‘Statistics may be the main evidential aid to what would have happened in hypothetical situations, but they are still only trends.’ The Court of Appeal addressed the appropriate approach to causation in a medical negligence case where a …

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Breach of duty and causation: Where are we now?

St John’s Chambers (Chambers of Matthew White) | Personal Injury Law Journal | November 2013 #120
Christopher Sharp QC and Matthew White analyse recent developments and provide practical advice ‘Ultimately it may be judicial pragmatism that provides the key (if not a principled solution) to the apparent conflicts in the case law.’ Must a claimant prove that a defendant’s breach of duty caused their loss before being entitled to recover damages …

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