... a particular fault, then that fault is the cause of the damage; if it would have happened just the same, fault or no fault, the fault is not the cause of the damage.' (causation in fact) * Whether the damage is still sufficiently proximate in law to hold the defendant liable to compensate the victim. (Causation in Law or remoteness of damage) However, the courts have found that is not always easy to analyse situations using this standard test for causation. Lord Hoffman describes the 'but for' test as being the standard criteria and the 'most commonly prescribed'5. But there is still room to deviate from this criteria when the situation demands it, and the House of Lords has been doing so for a very long time, not just in recent times. The difficulties of applying the 'but for' test have been seen in numerous situations such as * When there is an omission ...

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