Material contribution is an area that often vexes clinical negligence practitioners. Despite clarity in Holmes v Poeton Holdings Limited [2023] EWCA Civ 1377 that material contribution applies in cases where there is an indivisible injury, it is perhaps unsurprising that the concept of material contribution that has developed as a result of industrial disease litigation continues to cause difficulty in its application to clinical negligence claims.
In this article, Lauren Karmel and James Hughes of our Clinical Negligence team suggest practical tips for practitioners to be able to assess at the outset of the claim whether material contribution is likely to apply, and consider the doctrine in light of the recent judgment in Zgonec Rozej & Ors v Pereira [2025] EWCA Civ 171.
This article was published by AvMA Lawyers Service Newsletter (July 2025).