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15 May 2008
Issue: 7321 / Categories: Case law , Public , Law digest , Damages
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Tort

4 Eng Ltd v Harper and another [2008] EWHC 915 (Ch), [2008] All ER (D) 400 (Apr)

 

There is no objection in principle to recovery of damages for loss of a chance in an action for deceit.

 

If the loss of the chance is damage directly caused by the defendant’s deceit, it is as much within the scope of damages for deceit as payments or liabilities in fact made or incurred by the claimant or as damages for the loss of profits in a hypothetical alternative business established on the balance of probabilities.

 

If damages for loss of a chance were recoverable in negligence, they should also be recoverable in deceit. Moreover, the foreseeability of a head of loss is irrelevant in the award of damages for deceit. A loss is too remote only if it is not in the eyes of the law directly caused by a defendant’s deceit (Mr Justice Richards at 44 and 46).

 

Issue: 7321 / Categories: Case law , Public , Law digest , Damages
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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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