Loss of Chance in UK Law

  • Gregg v Scott
    • House of Lords
    • 27 January 2005
    ... ... His prospects are uncertain. He has a 45% chance of recovery. Unfortunately his doctor negligently misdiagnoses his ... It would be irrational and indefensible. The loss of a 45% prospect of recovery is just as much a real loss for a patient as ... ...
  • Perry v Raleys Solicitors
    • Supreme Court
    • 13 February 2019
    ... ... denied that any breach (if proved) would have caused Mr Perry any loss. They alleged also that Mr Perry's claim against them was statute barred ... having recourse to the concept of loss of opportunity or loss of a chance. Sometimes the court makes such a departure where the strict application ... ...
  • Hotson (A.P.) v East Berkshire Health Authority
    • House of Lords
    • 30 July 1987
    ... ... chance that, given immediate treatment, avascular necrosis would not have ... a matter of law, that the plaintiff was entitled to damages for the loss of the 25 per cent. chance that, if the injury had been promptly diagnosed ... ...
  • Allied Maples Group Ltd v Simmons & Simmons
    • Court of Appeal (Civil Division)
    • 12 May 1995
    ... ... protection, provided there was a real and not a mere speculative chance that they would have succeeded in the negotiation, that aspect of the case ... 31 In these circumstances, where the Plaintiffs' loss depends upon the actions of an independent third party, it is necessary to ... ...
  • Van Colle and Another v Chief Constable of the Hertfordshire Police
    • House of Lords
    • 30 July 2008
    ... ... the defendant's negligence, he would not have suffered his claimed loss—and so establish under Lord Bingham 's proposed liability principle ... sufficient generally to establish merely that he lost a substantial chance of this ... 139 Clearly the violation of a ... ...
  • Equitable Life Assurance Society v Ernst & Young
    • Court of Appeal (Civil Division)
    • 03 November 2003
    ... ... By its "lost sale claims" or "loss of a chance of a sale claims" it asserted that if the directors had ... ...
  • Czarnikow Ltd v Koufos (Heron II)
    • House of Lords
    • 17 October 1967
    ... ... voyage would probably result, or be likely to result, in this kind of loss." ... 5 The Court of Appeal by a majority ... fluctuation would be downwards rather than upwards—it was an even chance that the fluctuation would be downwards ... 7 So ... ...
  • Three Rivers District Council v Governor and Company of the Bank of England (No. 3)
    • House of Lords
    • 22 March 2001
    ... ... does an act which he knows is unlawful and will cause economic loss to the plaintiff, I can see no reason in principle why the plaintiff ... "A reasonable cause of action means a cause of action with some chance of success when only the allegations in the pleading are considered (per ... ...
  • Morris-Garner and another v One Step (Support) Ltd
    • Supreme Court
    • 18 April 2018
    ... ... every type of compensatory damages which exceed the actual financial loss to the claimant, and, on the other hand, damages awarded in lieu of ... exercise, the claimant is normally awarded the value of the lost chance of doing more business: Sanders v Parry [1967] 1 WLR 753 , SBJ ... ...
  • Transfield Shipping Inc. v Mercator Shipping Inc. (The Achilleas)
    • House of Lords
    • 09 July 2008
    ... ... 5 The owners claimed damages for the loss of the difference between the original rate and the reduced rate over the ... All you can do is to evaluate the chance. Sometimes it is virtually 100 per cent: sometimes virtually nil. But ... ...
  • See all results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT