(1) A determination
that negligence caused particular harm comprises the following elements:
the negligence was a necessary condition of the occurrence of the
harm ("factual causation"); and
it is appropriate for the scope of the negligent person's liability to extend
to the harm so caused ("scope of liability ).
(2) Where, however, a
person (the "plaintiff") has been negligently exposed to a similar risk of
harm by a number of different persons
(the "defendants") and it is not possible to assign responsibility for causing
the harm to any one or more of them—
court may continue to apply the principle under which responsibility may be
assigned to the defendants for causing the harm 1 ; but
court should consider the position of each defendant individually and state
the reasons for bringing the defendant within the scope of liability.
(3) For the purpose of
determining the scope of liability, the court is to consider (amongst other
relevant things) whether or not and why responsibility for the harm should be
imposed on the negligent party.
1 See Fairchild v Glenhaven Funeral Services Ltd
 3 WLR 89.