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United Kingdom
loss of chancesolicitorscausation
Perry v Raleys
[2019] UKSC 5; [2019] 2 WLR 636
Key Principle
In a professional negligence claim for the loss of a chance in litigation, the claimant must prove on the balance of probabilities what he himself would honestly have done (causation), whereas the value of what a third party or the court would have done is assessed on a loss-of-a-chance basis; a claimant cannot recover for the loss of the chance to bring a claim he could only have pursued dishonestly.
Area of Law
General
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