In solicitor's negligence cases involving loss of a commercial opportunity, damages must be assessed by reference to the degree of probabilities or possibilities, not on the balance of probabilities. Where the lost chance depends on sequential hypothetical events (e.g., a third party agreeing to a term and then completing a contract), the probabilities of each event should be combined and an overall probability assessed in the round. The contract price, not market value, is the correct starting point for calculating loss on re-sale because the damages compensate for the loss of the chance of receiving the contract price. Interest under s 100(1) of the Civil Procedure Act 2005 runs from the date the plaintiff was kept out of money until judgment, not merely until re-sale.
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