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The common feature, Anon10.11, between a causation issue and a contrib. neg. one is that you have to be able to prove your claim, or your defence, if you make one. Clearly here a claim was brought for a vast amount of money, but settled for a sum which I would guess amounted more or less to the costs which the NHS trust would have to have paid to defend the matter to trial. When I worked for a firm doing insurance defence matters we called these 'nuisance value' settlements.