Donaldson J considered the phrase ‘attributable to’ saying: ‘The fundamental problem is whether Mr Walsh’s loss of employment was ‘attributable to’ any provision of the 1972 Act, ie the April 1974 reorganisation. These words have been considered in a number of cases and I do not wish to add to the explanations and definitions which have been given. Counsel for Mr Walsh submits that it is a wider concept than ‘directly caused by’, or ’caused by or resulting from’, but he accepts that it involves some nexus between the effect and the alleged cause. He suggests that ‘owing to’ or ‘a material contributory cause’ or ‘a material cause in some way contributing to the effect’ may be synonyms. Lord Reid in Central Asbestos Co v Dodd said: ”attributable’. That means capable of being attributed. ‘Attribute’ has a number of cognate meanings; you can attribute a quality to a person or thing, you can attribute a product to a source or author, you can attribute an effect to a cause. The essential elements is connection of some kind’. Suffice it to say that these are plain English words involving some causal connection between the loss of employment and that to which the loss is said to be attributable. However, this connection need not be that of a sole, dominant, direct or proximate cause and effect. A contributory causal connection is quite sufficient’.
Judges:
Donaldson J
Citations:
[1978] 1 All ER 510
Limitation
Updated: 04 May 2022; Ref: scu.459615