The assessment of prospects in a loss of chance case against former solicitors is quintessentially evaluative and not readily susceptible of appellate challenge absent clear error. A trial judge may appropriately allow for the prospect of contributory negligence in assessing the plaintiff's prospects of success in the underlying claim, without directly making a finding of contributory negligence. The question whether interest should be included in calculating the judgment amount for the purpose of s 118(2) of the District Court of Queensland Act 1967 was left open.
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