Causation (A)

Question 1

What does CAUSE SINE QUA NON mean?

Answer 1

“Cause without which not” - “but for” test.
But for the acts or omissions of the defender, the injury or loss to the pursuer would not have occurred.
RESULTS IN A CHAIN OF CAUSATION.

Question 2

Factual causation.

Answer 2

Onus lies with pursuer to prove factual causation.
- Barnett v Chelsea and Kensington Hospital Management [1969] 1 QB 428.
- Even if he had gone there earlier, he would still have died.
- Kay’s Tutor v Ayrshire and Arran Health Board 1987 SC (HL) 145
- No proof that penicillin causes deafness.
- Bolitho v City and Hackney Health Authority [1998] AC 232.
- Intubation may not have saved the child, but doc not showing is still the factual cause.
- McWilliams v Sir Wm Arrol & Co and Lithgows Ltd 1962 SC (HL) 70.
- He wouldn’t have used a harness anyway.
- Bruce v Tayside Health Board [2017] CSOH 123.
- Hospitals busy, no guarantee they would have been seen anyway.

Question 3

Legal causation.

Answer 3

The ‘proximate cause’ or ‘causa causans’.
Was the action or omission the closest cause of the injury, or did some other event (novus actus interveniens) break the chain of causation?
Limits liability, unless it was foreseeable.

Question 4

Legal causation cases.

Answer 4

Donaghy v National Coal Board 1957 SLT (Notes) 35.
- Leaving a detonator lying about: factual cause. Man hits it with hammer: legal cause.

Sayers v Harlow District Council [1958] 2 All ER 342.
- Woman was locked in public toilet: factual cause. Tries to escape: legal cause.

McKew v Holland and Hannon and Cubitts (Sc) Ltd 1970 SC (HL) 20.
- Man injured at work: factual cause. Jumping down stairs: legal cause.