Overview

Establishing causation remains one of the most complex and contested elements of negligence litigation. While the traditional “but for” test continues to provide the starting point, the doctrine of material contribution has developed into a critical alternative route in appropriate cases—particularly where scientific uncertainty or multiple causal factors are in play.

This webinar will examine when and how causation may be established on the basis of material contribution to injury. Beginning with the foundational principles of factual causation within the tort of negligence, it will distinguish clearly between factual causation, legal causation, and scope of duty. It will trace the origins of material contribution from industrial disease litigation through to its expansion into clinical negligence and other complex claims.

Drawing on leading authorities (including Bonnington Castings Ltd v Wardlaw, Bailey v Ministry of Defence and Williams v The Bermuda Hospitals Board) and addressing the latest appellate and Supreme Court of the United Kingdom guidance (including developments in 2026), the session will explore the modern boundaries of the doctrine. Particular attention will be given to the distinction between material contribution and material increase in risk, the continuing relevance (or otherwise) of the divisible/indivisible injury distinction, and whether the law now recognises multiple doctrinal pathways to establishing causation.

With a strong practical focus, the webinar will assist practitioners in identifying when material contribution arguments are viable, how they should be pleaded and proved, and how to respond to them effectively.

Learning Objectives

By the end of this webinar, participants will be able to:

• Explain the role of factual causation within the tort of negligence and distinguish it from legal causation and scope of duty.
• Trace the historical origins of material contribution as a doctrine and understand its development from industrial disease to clinical negligence and other claims.
• Identify the circumstances in which the material contribution test applies, as opposed to the traditional “but for” test.
• Analyse what renders a contribution to injury “material” in law.
• Distinguish between divisible and indivisible injuries and evaluate the continuing importance of that distinction.
• Differentiate clearly between material contribution to injury and material increase in risk, and understand the legal consequences of each.
• Assess whether modern case law recognises different doctrinal routes to establishing causation.
• Apply the latest appellate and Supreme Court authorities to practical litigation scenarios.
• Confidently plead, argue, or challenge material contribution cases in light of current legal developments.

Target audience

This webinar is essential for practitioners dealing with complex causation issues in clinical negligence, personal injury, and other multi-factorial negligence claims.