Loss of chance damages

Copyright © 2025 LexisNexis
Produced in partnership with Anneliese Day QC and Christopher Knowles of Fountain Court Chambers
Practice notes

Loss of chance damages

Copyright © 2025 LexisNexis

Produced in partnership with Anneliese Day QC and Christopher Knowles of Fountain Court Chambers

Practice notes
imgtext

This Practice Note considers in detail when Damages for loss of a chance (loss of an opportunity damages) may be recoverable, with reference to the test in Allied Maples v Simmons & Simmons, its further consideration in Wellesley v Withers and the Supreme Court’s clarification in Perry v Raleys.

For a summary of the key points in the approach, see Q&A: How, in summary, does the loss of a chance approach work?

This Practice Note should be read in conjunction with related content on recovering damages in contract and tort claims, see Practice Notes:

  1. •

    Contractual damages—General Principles

  2. •

    Causation and Remoteness in contractual breach claims

  3. •

    Damages in tort and negligence claims

  4. •

    Causation and remoteness in tort and negligence claims

  5. •

    Causation and remoteness in professional negligence claims

What is the loss of a chance approach?

Ordinarily, claimants must prove their case on causation on the balance of probabilities. That is so whether causation turns purely on matters of historical fact, or on what the claimant

Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Damages definition
What does Damages mean?

The monetary compensation awarded by law to a person for the legal wrong done to him.

Read more readmore

Popular documents

Can the tort of conversion apply where one individual took money from another individual's bank account?

Can the tort of conversion apply where one individual took money from another individual's bank account?The tort of conversionThe tort of conversion is concerned with cases where one person (D) has misappropriated goods belonging to another (C).It requires the existence of three elements:•D’s

Misrepresentation—damages as a remedy

Misrepresentation—damages as a remedyThis Practice Note considers when damages are available as a remedy for a misrepresentation claim with reference to the Misrepresentation Act 1967 (MA 1967).For consideration of when the courts will rescind a contract for misrepresentation and when parties can

Negligence—when is the duty of care breached?

Negligence—when is the duty of care breached?Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and

Contract interpretation—entire agreement clauses

Contract interpretation—entire agreement clausesParties may often seek to specify that the entirety of their contractual relationship is governed by the written contract they have signed. This is what is known as an ‘entire agreement clause’. This Practice Note considers why they are used and some