In solicitors' negligence cases involving a lost cause of action, the plaintiff must prove on the balance of probabilities that the lost cause of action had some value and that but for the negligence the plaintiff would have pursued it; the value is then assessed by reference to degrees of probabilities and possibilities, not on an all-or-nothing basis. Workers' compensation benefits must be deducted from the full damages figure before the lost chance discount is applied. Where a worker suffers separate and successive injuries, the Hutcherson approach to aggregation under Schedule 2 does not apply, and separate items may be aggregated without risk of double counting.
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