but for Test in UK Law
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Kuwait Airways Corporation v Iraqi Airways Company (Nos 4 & 5)
... ... The rule is that, in order to be actionable here, the acts done abroad must satisfy both limbs of a dual test. The acts must be such that, if done in England, they would be tortious. Additionally, the acts must be civilly actionable under the law of the ... ...
- Test Claimants in the FII Group Litigation v HM Revenue and Customs
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Fairchild v Glenhaven Funeral Services Ltd and Others
... ... It did so because, applying the conventional "but for" test of tortious liability, it could not be held that C had proved against A that his mesothelioma would probably not have occurred but for the breach of ... ...
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Chester v Afshar
... ... 8 It is now, I think, generally accepted that the "but for" test does not provide a comprehensive or exclusive test of causation in the law of tort. Sometimes, if rarely, it yields too restrictive an answer, as in ... ...
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James v Eastleigh Borough Council
... ... 2 At first glance this may seem to be a very trivial matter. But the truth is to the contrary. It is an important test case brought with the backing of the Equal Opportunities Commission in performance of their statutory functions under the Act. The phrase ... ...
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Galoo Ltd and Others v Bright Grahame Murray
... ... 56 Mr Hunter, for the Defendants, submits that the Plaintiff's case depends upon the adoption of the "but for" test of causation which, at least in contract, is not the proper test in English law. This is causation of the kind which has sometimes been referred to ... ...
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Nagarajan v London Regional Transport
... ... 1155 and James v. Eastleigh Borough Council [1990] 2 A.C. 751 decided that, in relation to section 1, the correct test was whether "but for" the race of the claimant he would have been treated less favourably. Similarly under section 1 of the Sex Discrimination Act ... ...
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AIB Group (UK) Plc v Mark Redler & Company Solicitors
... ... encourage trustees to observe to the full their duties in relation to trust property by imposing on them a stringent concept of causation [ie a test by which a "but for" connection is sufficient]. Questions of foreseeability and remoteness do not come into such an assessment." ... ...
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Sienkiewicz v Greif (UK) Ltd; Knowsley Metropolitan Borough Council v Willmore
... ... Does the special rule of causation that applies in cases of mesothelioma leave any room for applying a test of balance of probability to causation? It also raises a general issue as to the applicability as proof of causation in personal injury cases of a ... ...
- Autologic Holdings Plc and Others v Commissioners of Inland Revenue; Test Claimants in Loss Relief Group Litigation v Commissioners of Inland Revenue
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