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“Lost Litigation”: what is the loss and how do you quantify it?

Podcasts
7 April 2020

The Supreme Court has had two chances to bring some much needed clarity to these questions, but has ducked them. This podcast with Mark Cannon QC and Hugh Evans, provides the answers.

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In this podcast Mark Cannon QC and Hugh Evans discuss how courts assess and should assess damages for lost litigation.  They do so against the background of two recent decisions of the Supreme Court in Perry v. Raleys [2019] UKSC 5 and Edwards v. Hugh James Ford Simey (A Firm) [2019] UKSC 54, decisions which brought some clarity to an area of law which has become vexed with difficulties and technicalities, but left many issues unresolved.  By focussing on the overarching principles governing the assessment of damages Mark and Hugh both explain the decisions of the Supreme Court and show how other unresolved questions should be answered.

This podcast is aimed at all those who act for lawyers and their former clients when earlier litigation has gone wrong and to provide practical guidance soundly anchored on the guiding principles.

Notes

Click here to download the lost litigation handout.

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Hugh Evans

Call: 1987

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