There is a consensus among the members of the working group that appeals on questions of fact or mixed fact and law should not be allowed. (slaw.ca)
That would tend to be problematic given the need for common questions of fact for the victims in a class action. (newyorkpersonalinjuryattorneyblog.com)
Legal causation however need not be determined by scientific precision and is essentially a practical question of fact which can best be answered by ordinary common sense rather than abstract theory. (holnesslawgroup.com)