header-logo header-logo

14 May 2010
Issue: 7417 / Categories: Case law , Law digest
printer mail-detail

Damages

Parabola Investments Ltd and another v Browallia Cal Ltd and others [2010] EWCA Civ 486, [2010] All ER (D) 33 (May)

When conducting a hypothetical exercise to quantify loss, the court did not apply the same balance of probabilities approach as it would to the proof of past facts.

It would estimate the loss by making the best attempt it could to evaluate the chances, unless those chances amounted to no more than remote speculation, taking all significant factors into account. The judge had to make a reasonable assessment and different judges might come to different assessments without having been unreasonable.

 

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Aggressive sales tactics can add up to fraudulent trading even without proof of a particular deception or financial loss
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
Police powers targeting concealed identities at protests come with procedural conditions that could determine whether prosecutions succeed
back-to-top-scroll