The Court struck out paragraphs pleading loss and damage in a professional negligence claim against solicitors, finding the pleading failed to meet the requirements identified in [name withheld] & [name withheld] Nominees v [name withheld] for lost commercial opportunity claims. Specifically, the pleading failed to identify the contended acquisition price with precision, failed to plead what the plaintiffs would have done had proper advice been given, failed to plead the percentage or proportion of the lost opportunity, and failed to plead with particularity the facts by which the certain outcome would have been achieved. The Court also held that the causation pleading was deficient for failing to plead the hypothetical responses of both the plaintiffs and the third party ([name withheld]) to the advice that should have been given.
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