Professional Negligence Briefing – Balancing probabilities and loss of a chance

Briefings | Wed 7th Jun, 2017

It’s trite law that claims for lost litigation opportunities are treated as claims for a lost chance.
Similarly, the claimant has to prove his case on the balance of probabilities. But how do these
two propositions interact? And where should the line be drawn between the part of the claim
which the claimant has to prove on a loss of a chance basis, and those matters that fall to be
considered by the court when determining the size of the lost chance? These issues arose in the
recent case of Perry v Raleys Solicitors [2017] EWCA Civ 314.

June 2017- Professional Negligence Briefing – Balancing probabilities and loss of a chance