Damages Assessed on a Loss of Chance Basis: Interesting Court of Appeal Observations and a Round Up of the Relevant Cases - Gordon Exall, Zenith Chambers
05/10/15. In Lillington -v- Ministry of Defence [2015] EWCA Civ 775 the Court of Appeal made some interesting observations in relation to damages for loss of chance of career promotion. The court was somewhat sceptical about the (joint) submissions that damages for future loss of earnings could not be considered on a “loss of chance” basis and pointed to several cases where the courts have done exactly that. Here we look at those observations and review several of the key cases relating to loss of chance.
THE CASE
The defendant was appealing a factual decision that the claimant was entitled to additional damages of £62,559 on the basis that he would have been promoted to Corporal. The judge found that, on the balance of probabilities, the claimant would ahve been promoted and awarded that additional sum on the basis of this finding...
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