Break in chain of causation

Gray v Thames Trains Ltd and another CA TLR 9 July

Although the legal burden of establishing causation in respect of each head of loss in a claim for damages arising out of the defendants’ negligence remains on the claimant, the evidential burden of sharing a break in the chain of causation is on the defendant. The claimant was a victim of the Ladbroke Grove rail crash in 1999 and, although his physical injuries were minor, the accident had a major psychological impact on him. He suffered post-traumatic stress disorder with a market depressive component and a significant personality change. In August 2001, he stabbed a stranger to death. He pleaded guilty to manslaughter on the ground of diminished responsibility and was ordered to be detained in a hospital under s37 of the Mental Health Act 1983. The defendants admitted that their negligence caused the claimant’s injuries, including post-traumatic stress disorder and admitted liability for his losses, including loss of earnings, incurred before August 2001. But, they denied liability for losses after that date on the ground that no right of action could arise from a base cause, ex turpi causa non oritur actio .