Loss of Opportunity in UK Law

Leading Cases
  • Langford v Hebran and Another
    • Court of Appeal (Civil Division)
    • 15 Mar 2001

    Starting as we do with the fact that the basic claim itself contained a number of assumptions in favour of the Claimant, we do not think it was right to add to that claim the claim for loss of opportunity on the basis that one or more of the alternative scenarios would actually have happened. Some discount was necessary at this stage of the assessment to reflect the fact that none of them might have happened. In our view, this discount should be applied to the future loss of earnings only.

  • Auty v National Coal Board
    • Court of Appeal (Civil Division)
    • 27 Mar 1984

    Mr Mortimer suggested that claims for reduction in the value of the widow's pension arising on death either in service or in retirement were not susceptible to computation by the conventional method and that, therefore, resort must be had to actuarial computations. Mr Mortimer complained that the learned Judge had "plucked a figure out of the air", and that he was wrong in so doing.

  • Target Holdings Ltd v Redferns
    • House of Lords
    • 20 Jul 1995

    In such a case the basic rule is that a trustee in breach of trust must restore or pay to the trust estate either the assets which have been lost to the estate by reason of the breach or compensation for such loss.

  • Dennis and Another v Ministry of Defence
    • Queen's Bench Division
    • 16 Abr 2003

    I think it appropriate, in the particular circumstances of this case, to consider the three heads of damage I have mentioned, but to take an overview. In Hunter v. Canary Wharf Ltd. [1997] AC 655, their lordships considered loss of amenity as an appropriate measure where no capital loss was established and loss of use as an additional head. Thus I take into account the three identified heads in arriving at an overall figure, but do not simply add them together.

  • Rees v Darlington Memorial Hospital NHS Trust
    • House of Lords
    • 16 Out 2003

    The conventional award would not be, and would not be intended to be, compensatory. But it would not be a nominal, let alone a derisory, award. It would afford some measure of recognition of the wrong done. And it would afford a more ample measure of justice than the pure McFarlane rule.

  • Perry v Raleys Solicitors
    • Supreme Court
    • 13 Fev 2019

    But there is no sensible basis in principle for distinguishing between the two, and none was suggested in argument. He will not by the defendant's breach of duty be unfairly inhibited in proving at a trial against his advisor that he would have done so, save perhaps where there is an unusual combination of passage of time and scarcity of other probative material, beyond his own unaided recollection.

  • Malik and Mahmud v Bank of Credit and Commerce International SA
    • Court of Appeal (Civil Division)
    • 09 Mar 1995

    Such cases include those where the nature of the contract is one to provide for a status, for example apprenticeships, or the promotion or preservation of a reputation, for example advertising or the opportunity to appear in a prestigious place or part. Similarly damage to goodwill as legally recognised is a recoverable head of loss as damage to property.

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Legislation
  • Fair Employment (Northern Ireland) Act 1976
    • UK Non-devolved
    • 01 de Janeiro de 1976
    ...... establish an Agency with the duties of promoting equality of opportunity in employments and occupations in Northern Ireland between people of ...the circumstances to compensate the injured person for any loss. or injury he has suffered in consequence of the act of unlawful. ......
  • Serious Crime Act 2015
    • UK Non-devolved
    • 01 de Janeiro de 2015
    ...... be a person holding an interest in the property a reasonable opportunity to make representations to it. . . (3) A determination under this ... . the PPO receiver is not liable to any person in respect of any loss or damage resulting from his dealing with the property except so far as ......
  • Consumer Rights Act 2015
    • England & Wales
    • 01 de Janeiro de 2015
    ...... . . (b) individuals have the opportunity of attending the sale in person. . (6) A person is a consumer in ... subsections (3) to (6) (but not so as to recover twice for the same loss), or. . . (b) instead of such a remedy, or. . . (c) where no such ......
  • Public Services Ombudsman Act (Northern Ireland) 2016
    • Northern Ireland
    • 01 de Janeiro de 2016
    ...... . (a) give the listed authority an opportunity to comment on any allegations contained in the complaint,. . . (b) give ... as the Ombudsman may determine by way of compensation for the loss of their time. . (9) In exercising powers under subsection (8), the ......
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Books & Journal Articles
  • A global actor past its peak?
    • Núm. 27-3, September 2013
    • International Relations
    Examining a range of policy areas in which the European Union (EU) acts externally – notably trade, development, climate change and foreign and security policy – this article considers the notion t...
    ...... concepts of presence, denoting EU status and influence; opportunity, denoting the external context of EU action; and capability, referring to ... upon the Union’s presence, would not fully compensate for the loss of opportunity provided by the changing international structure. Keywords ......
  • Populist Euroscepticism in Iberian party systems
    • Núm. 38-3, August 2018
    • Politics
    As the introduction to this special issue highlights, the Great Recession, along with the more recent phenomenon such as the refugees’ crisis and the Brexit referendum, has contributed to the succe...
    ...... of populist Eurosceptic parties across European party systems.  The loss of legitimacy of governments and European institutions has opened a window of  opportunity for parties expressing anti-establishment positions and populist ......
  • Comment
    • Núm. 30-3, September 1983
    • Probation Journal
    ...... fortune? The social consequences of prolonged dependency and loss of opportunity seem scarcely calculated. Ersatz experience schemes ......
  • Matrimonial Relief for Sexual Frustration: For and Against
    • Núm. 28-5, September 1965
    • The Modern Law Review
    ...... suffered considerably due to sexual frustration, and loss of opportunity for fatherhood. The only other relevant fact ......
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Law Firm Commentaries
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