Causation

• To prove causation

  1. D's act or omission must be the factual cause of the result AND
  2. D's act or omission must be the legal cause of the result
• Factual causation

  D will only be liable if the consequence would not have happened 'but for' their unlawful act or omission.

  R v White - no causation

  R v Pagett - there's causation
• Legal causation

  D has caused the unlawful outcome if his conduct contributes to it in a more than minimal way.
• Novus actus interveniens

  Where the chain of causation is very hard to break. There must be a direct link (known as the chain of causation)
• Breaks in chain of causation

  1. Act of third party - R v Smith
  2. Act of medical negligence - R v Cheshire
  3. Victims own actions - R v Roberts

  'Thin skull' rule

  if V suffers more than expected then D is liable for the full extent of V's injuries - R v Blaue