Life Sciences disputes: navigating causation and damages in an uncertain world

As part of London International Disputes Week 2026, Bristows and Oxera hosted a discussion on causation, counterfactuals and damages in life sciences disputes. The session featured Bristows' life sciences experts, commercial disputes partner Wes Walker and patent litigator Claire Phipps-Jones, alongside Shreya Gupta and Blanche Feauveaux of Oxera and arbitrator Jennifer Haywood of Serle Court.

The legal principles governing causation and damages are well established. Applying them in life sciences disputes is often less straightforward. Courts and tribunals are frequently required to assess hypothetical scenarios in a sector characterised by high-risk research and development, regulatory complexity and significant uncertainty. Whether considering a failed collaboration, a supply disruption or market entry by competitors, determining the relevant counterfactual can be one of the most challenging aspects of the dispute.

A key theme was how best to formulate and test competing counterfactuals. The panel noted that delays in development, supply or market entry can have significant commercial consequences, making questions of causation and quantum particularly important in life sciences disputes. Economic evidence can help parties and tribunals evaluate competing scenarios, including in disputes involving preliminary injunctions, where questions of pricing, market share and likely competitive behaviour are increasingly central. The discussion highlighted the importance of grounding such analyses in contemporaneous documents, factual evidence and expert analysis, with a clear narrative helping to explain how an alleged breach resulted in the losses claimed.

The discussion also considered the challenges facing courts and tribunals where experts advance competing analyses based on different assumptions. Clearly explaining those assumptions, and the evidence underpinning them, can help decision-makers navigate competing counterfactuals and focus on the issues that matter most.