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Lloyd's Shipping & Trade Law

An alternative to the Wayne Tank rule in the FCA test case

It has been over one year since the Supreme Court's judgment in Financial Conduct Authority v Arch Insurance (UK) Ltd [2021] Lloyd's Rep IR 63 (the "FCA test case"). Among the many aspects that were decided by the Supreme Court, the "proximate in efficiency" test of causation was reified and systematised. This article will attempt to find grounds for replacing the Wayne Tank principle with a new test for concurrent causation.
Online Published Date:  01 February 2022

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