Loss of Chance in UK Law

  • The Loss of Chance in Civil Law Countries: A Comparative and Critical Analysis
    • No. 20-1, March 2013
    • Maastricht Journal of European and Comparative Law
    Bearing in mind the judgments recently given by the Portuguese Supreme Court, which have recognized the right to be compensated for loss of chance for the first time, this article sets out to disco...
  • Loss of Chance Lord Hope's Dissent in Gregg v Scott [2005] UKHL 2
    • Part I - Tort Law
    • Dissenting Judgments in the Law
    • Rebecca Gore
    • 81-102
  • Loss of a Chance’ Revisited: Gregg v Scott
    • No. 66-4, July 2003
    • The Modern Law Review
  • Loss of the Chance of Cure from Cancer
    • No. 68-6, November 2005
    • The Modern Law Review
  • Coal Dust, Causation and Common Sense
    • No. 63-5, September 2000
    • The Modern Law Review
    ... ... can, under certain circumstances, be adjudicated by applying the ‘loss of chance’ 6 principle. In an article 7 in this journal, Helen Reece ... ...
  • A Lost Chance for Compensation in the Tort of Negligence by the House of Lords
    • No. 54-4, July 1991
    • The Modern Law Review
    ... ... Court of Appeal, their Lordships unfortunately left open the question of whether, when a lost chance of recovery or of avoiding loss could be proved to result from a breach of duty, compensation for that ‘lost chance’ was recoverable in tort. The term ... ...
  • Losses of Chances in the Law
    • No. 59-2, March 1996
    • The Modern Law Review
    ... ... test:’ the negligence has to be a necessary cause of the loss. In most negligence cases, these principles occasion no ... Appeal, in awarding an actress damages for loss of a chance of 25 per cent that she would have won a beauty ... ...
  • Preliminary Sections
    • Preliminary Sections
    • Dissenting Judgments in the Law
    • Neal Geach/Christopher Monaghan
    • 1-8
    ... ... South Yorkshire Police [1999] 2 AC 455 ... 3 Loss of Chance ... Lord Hope’s Dissent in Gregg v Scott [2005] UKHL 2 ... 4 ... ...
  • The Great Illusion: Tort Law and Exposure to Danger of Physical Harm
    • No. 72-6, November 2009
    • The Modern Law Review
    In the aftermath of Gregg v Scott and Johnston v NEI, it is commonly thought that claims for exposure to danger of physical harm are not independently compensatable in English law. I argue that thi...
    ... ... the law allows both to be tak en into account in computing the loss suf- fered by someone wh o has actually su¡ered some compensatable ph ... - cussed, the r ejection of the p lainti¡’s clai m of ‘loss of chance ’ in Gregg is consistent with a rig ht of reco very for an y increase ... ...
  • The Argument from Injustice
    • No. 67-2, March 2004
    • The Modern Law Review
    ... ... rever sal of the Courtof Appeal’ s majori ty ruling woul d allow‘loss of chance ’ of av oiding injury in ca ses where tha t chance is less ... ...
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