On Monday, the High Court handed down judgment in Cohen v Morrison & Ors [2026] EWHC 184 (Ch). This was a £20m+ claim for deceit, dishonest assistance, conspiracy and breach of common law duties arising out of the collapse of a live entertainment business following the Covid pandemic. The High Court determined that the claim was deficiently pleaded and, unusually for a claim of this complexity and magnitude, dismissed the claim summarily as a consequence.
Importantly for practitioners, the Court dealt in detail with the topic of what must be pleaded to sustain a ‘loss of a chance’ claim in commercial litigation, stating that this must include a “positive counter-factual”. In other words, the Claimant must plead what might have occurred but for the alleged wrongdoing – such as identifying a specific price or buyer that might have been secured. A vague pleading that there was a chance of achieving a better outcome is likely to be dismissed before disclosure is given.
Roger Stewart KC and Theo Barclay acted for the lead defendant group, instructed by RPC.
