14 May 2010
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.
