ABSTRACT
Chapter 5 focuses on aggregation mechanisms based on the unifying factors of either ‘original cause’ or ‘originating cause’ and the linking phrases of ‘consequent upon or attributable to’ or ‘arising from’. As identified in chapter 3, in English law, there is substantial legal uncertainty as regards the causal requirements associated with both the relevant unifying factors and the respective linking phrases.
Chapter 5 presents Article 5.3 PRICL, which is meant to provide an alternative view on the workings of cause-based aggregation as compared to the English position. Article 5.3 PRICL is built on Article 5.2 PRICL, but allows a look farther back in the chain of causation in the search of the unifying factor. The concept of ‘reasonable foreseeability’ is used to control how far back in the chain of causation a unifying cause may lie.
