They also have a degree of blameworthiness."

A short reflection told him that this proved nothing, a natural delicacy being as ample a reason for silence as any degree of blameworthiness.

The reference in s1(1) to the claimant's share in the "responsibility for the damage" requires a court to consider what contribution the claimant made to their loss or damage, and the degree of blameworthiness.

She went on to say that since causation is largely fact-driven the judge should have the discretion to rephrase the test as the facts warrant giving the example of Harbottle where, given the high degree of blameworthiness and stigma of the charge, the test was formulated as "a substantial cause".