Loss of Chance in UK Law
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Gregg v Scott
... ... 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 ... ...
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Perry v Raleys Solicitors
... ... 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 ... ...
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Hotson (A.P.) v East Berkshire Health Authority
... ... 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 ... ...
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Allied Maples Group Ltd v Simmons & Simmons
... ... 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 ... ...
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Van Colle and Another v Chief Constable of the Hertfordshire Police
... ... 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 ... ...
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Equitable Life Assurance Society v Ernst & Young
... ... By its "lost sale claims" or "loss of a chance of a sale claims" it asserted that if the directors had ... ...
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Czarnikow Ltd v Koufos (Heron II)
... ... 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 ... ...
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Three Rivers District Council v Governor and Company of the Bank of England (No. 3)
... ... 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 ... ...
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Morris-Garner and another v One Step (Support) Ltd
... ... 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 ... ...
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Transfield Shipping Inc. v Mercator Shipping Inc. (The Achilleas)
... ... 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 ... ...
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