When assessing damages for loss of a chance to pursue a personal injury claim in a solicitor's negligence case, no general discount for litigation risk is required where all identified risk factors in the notional trial have been resolved in the plaintiff's favour by the trial judge. The value of a lost claim can equal the full value of the claim itself. The appropriate date for calculating loss of earnings is the agreed notional trial date, not a later date.
The full text is available to signed-in members.