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Causation and loss of chance

The courts take a specific approach to assessing loss of chance claims against solicitors which includes distinguishing between issues relating to causation and issues relating to the assessment of damages. The courts also approach these issues differently depending upon whether they are dealing with material facts on the one hand, and hypothetical events on the other hand. This article addresses the court’s approach to the causation issues and to the assessment of the value of the lost chance, with specific reference to the key decisions and principles underpinning these matters.

Significant cases, legislation or articles referred to

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