“…The interrelationship of the Bonnington principle and the “but for” test arose for decision in Bailey v MOD [2009] 1 WLR 1052 (CA). The claimant suffered a cardiac arrest and consequent brain damage because she vomited, was unable to clear her throat, and aspirated her vomit. The Judg…”
“…In reaching my conclusion, I have not found it necessary to deal with the alternative argument on causation, based upon Bailey v Ministry of Defence [2009] 1 WLR 1052, which is addressed by the judge in paragraph 193 of the judgment. This same argument, significantly amplified, was the subject of further argument both in wri…”