Evidential Uncertainty in Causation in Negligence [Hardcover]

This book undertakes an analysis of academic and judicial responses to the problem of evidential uncertainty in causation in negligence. It seeks to bring clarity to what has become a notoriously complex area by adopting a clear approach to the function of the doctrine of causation within a corrective justice-based account of negligence liability. It first explores basic causal models and issues of proof, including the role of statistical and epidemiological evidence, in order to isolate the problem of evidential uncertainty more precisely. Application of Richard Wright's NESS test to a range of English case law shows it to be more comprehensive than the 'but for' test that currently dominates, thereby reducing the need to resort to additional tests, such as theWardlawtest of material contribution to harm, the scope and meaning of which are uncertain. The book builds on this foundation to explore the solution to a range of problems of evidential uncertainty, focusing on theFairchildprinciple and the idea of risk as damage, as well as the notion of loss of a chance in medical negligence which is often seen as analogous with 'increase in risk', in an attempt to bring coherence to this area of the law.Gemma Turton is a Lecturer in Law at the University of Leicester.

The author's analytical approach and clarity of thought not only enables non-English readers to gain an insight into English law but is also conductive to a better understanding of the problems of evidential uncertainty... Her thorough critical discussion of the loss of chance and material increase of the risk approaches in English law is exceedingly interesting. All parts of the book are tightly connected, the analysis is consistent and the author's message clear: there is a need of coherence in the law of negligence, best achieved through a corrective justice-based understanding, that leaves no room for the success of claims in cases of evidential uncertainty. Journal of European Torlƒ#