Questions of Causation frequently arise in many areas of the law, but causation is not a single, unvarying concept to be mechanically applied without regard to the context in which the question arises.
Lord Bingham in R v Kennedy  UKHL 38
A dissent in a court of last resort is an appeal to the brooding spirit of the law, to the intelligence of a future day, when a later decision may possibly correct the error into which the dissenting judge believes the court to have been betrayed.
Chief Justice Charles Evans Hughes The Supreme Court of the United States 3rd ed 1936The last ten years have seen the question of “but-for” causation brought into sharp focus in order to avoid the potential injustice to thousands of Mesothelioma victims who have contracted the disease and who now seek to establish a causal link between Mesothelioma and their exposure to asbestos during the course of their employment which may have taken place many years before. The central problem that has bedevilled such employer’s liability claims has been the difficulty in establishing when the disease was triggered.
Following the Insuralex AGM in New York on 27th and 28th June, 2013 MJM has been appointed as the Bermuda member of the Insuralex Global Insurance Laywer’s Group. Insuralex is a world wide network of independent insurance and re-insurance lawyers, dedicated to the insurance and...