I attach an article by my colleague Richard Halpern. We who must try to litigate this stuff, are constantly attempting to make sense of the law of causation, find the evidence to support our position and at the end of the day cross our fingers and hope we got it right.

Richard’s thoughtful paper was targeted at judiciary and practitioners and became the basis for a conference sponsored by the Law Society of Ontario. The conference was populated by counsel from both sides of medical negligence litigation who hoped to form a consensus about how to express the law in multiple tortfeasor scenarios.   I am not sure that was successful but in any event think this paper deserves broader exposure.

All the best.

 

 

 

 

Dear ODGers,

Apologies for the shameless self-promotion, but the University of Western Australia Law Review has just published a special edition on causation in the law, featuring articles from a number of ODGers. Richard Wright, Neil Foster, and no doubt a number of quieter members all feature. The articles can be found at this link: https://www.able.uwa.edu.au/centres/uwalr/issues/2022-volume-49,-issue-1

Happy reading,

 

Henry

 

Henry Cooney

Adjunct Research Fellow

UWA Law School  •  Perth WA 6009 Australia

t +61 416 422 770 • e henry.cooney@uwa.edu.au 

View my research at https://ssrn.com/author=4405026