- Alternative Dispute Resolution
- Civil Fraud
- Clinical Negligence & Healthcare
- Commercial, Chancery & Property
- Court of Protection
- Credit Hire
- Crime
- Family Law
- Financial Crime
- Inquests & Inquiries
- Personal Injury
- Police Law
- Professional Negligence
- Public Sector & Human Rights
- Regulatory & Disciplinary
- Travel & Cross Border Claims
Professional Negligence Briefing – Balancing probabilities and loss of a chance
07/06/2017
It’s trite law that claims for lost litigation opportunities are treated as claims for a lost chance.
Similarly, the claimant has to prove his case on the balance of probabilities. But how do these
two propositions interact? And where should the line be drawn between the part of the claim
which the claimant has to prove on a loss of a chance basis, and those matters that fall to be
considered by the court when determining the size of the lost chance? These issues arose in the
recent case of Perry v Raleys Solicitors [2017] EWCA Civ 314.
June 2017- Professional Negligence Briefing – Balancing probabilities and loss of a chance
Latest News & Events
The Dekagram: 19th May 2025
In this week’s edition Linda Nelson examines how and when to serve surveillance evidence, and how and when to respond to it; and John Schmitt asks whether it’s necessary to have a claim form re-sealed if it’s been amended prior to service, and urges caution…
The Dekagram: 12th May 2025
This week Thomas Yarrow revisits the vexed question of the use of artificial intelligence in legal research – and our intrepid reporter finds that it’s not all it’s cracked up to be. In fact the experience led him to such depths of despair that he…
The Dekagram: 6th May 2025
This week Ben Rodgers relays two tales from the coalface, both relating to applications to resile from admissions. Readers will be interested to know that in both cases the court applied the balance of prejudice test with the result that the defendants’ applications were refused….
Subscribe to our mailing list
Deka Chambers: 5 Norwich Street, London EC4A 1DR
- T +44 (0)20 7832 0500
- E clerks@dekachambers.com
- DX LDE 439
