The following Dispute Resolution practice note Produced in partnership with Anneliese Day QC and Christopher Knowles of Fountain Court Chambers provides comprehensive and up to date legal information covering:
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:
Contractual damages—general principles
Causation and remoteness in contractual breach claims
Damages in tort claims—recovery and assessment
Tort claims—causation as a matter of fact
Tort claims—causation in law
Causation and remoteness in professional negligence claims
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 would have done in future or in hypothetical circumstances. But the claimant need only overcome that hurdle by the narrowest of margins: 51% to 49% is enough. If they do, then the court will proceed on the basis that the claimant has proved that what they say happened did happen, or that what they say would have happened would indeed have happened.
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This Practice Note discusses the common law doctrine of privity of contract; the equitable and statutory exceptions to it; how the doctrine affects enforcing a contract against a third party and what happens when, notwithstanding the lack of privity, a contract has an indirect effect on a third
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