“… 7 – loss of chance: The judge was wrong not to apply “loss of chance” principles in assessing loss, in accordance with Allied Maples Group v Simmons & Simmons [1995] 1 WLR 1602 and Perry v Raleys [2020] AC 352.…”
“…Having reviewed authorities from Allied Maples Group Ltd v Simmons & Simmons [1995] 1 WLR 1602 to Wellesley Partners LLP v Withers LLP [2016] Ch 529, the judge at [415] held that where the loss claimed depends on a hypothetical course, the claimant must …”
“…ct of success. (I say `negligible' rather than `speculative' - the word used in a somewhat different context in Allied Maples Group Limited v Simmons & Simmons [1995] 1 WLR 1602 - lest `speculative' may be thought to include considerations of uncertainty of outcome, considerations which in my judgment ought not to weigh against the pla…”