When valuing a lost chance in a solicitor's negligence case, the court trying the negligence claim must base its assessment primarily on the evidence actually led at trial, rather than speculating about what might have occurred in the lost proceedings. Where evidence at trial reveals a substantially stronger case than was apparent to the original decision-maker, the court should give full effect to that evidence. The court should not introduce issues (such as dishonesty) that were not part of the original charge and were not put to the plaintiff in cross-examination.
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