Causation: the proximate cause test

In Brian Leighton (Garages) Ltd v Allianz Insurance plc [2023] EWCA Civ 8 the question was whether an exclusion clause removing cover for loss "caused by pollution or contamination" laid down a causation test so that the focus was on the peril giving rise to pollution or contamination and not the pollution or contamination itself. The Court of Appeal by a majority held this to be the case and found the exclusion not to be applicable. The question was whether summary judgment should be given for the insurers and so the case proceeded on assumed facts.

Brian Leighton (Garages) : the facts