Loss of chance damages


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

Loss of chance damages


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

Knowing receipt and dishonest assistance claims

Knowing receipt and dishonest assistance claimsIntroductory observationsClaims for knowing receipt (sometimes also known as ‘unconscionable receipt’) and for dishonest assistance are sometimes referred to as ‘accessory liability’ claims in that they involve pursuing a defendant who has been involved

Claims against directors—key considerations for dispute resolution practitioners

Claims against directors—key considerations for dispute resolution practitionersThis Practice Note outlines some of the key considerations when dealing with claims concerning company directors. It addresses the definition of a director, the likely claimant(s) in actions involving directors as well

Causation and remoteness in tort and negligence claims

Causation and remoteness in tort and negligence claimsThis Practice Note considers the requirement for causation as part of establishing a viable claim in tort, including in negligence claims. It considers the aspects of factual causation: including the ‘but for’ test, evidencing it and its limits,

Misrepresentation—falsity (fraudulent, innocent or negligent misrepresentation)

Misrepresentation—falsity (fraudulent, innocent or negligent misrepresentation)A claim for misrepresentation requires that the statement made must have been false. This is the ‘falsity’ requirement.Having established the falsity of a statement, however, the next question is whether that false