A changing approach to chance.

The Court of Appeal's decision to dismiss a recent loss of chance claim could prove to be a turning point for professionals and their insurers.

Loss of chance litigation has been a problem for professionals and
indemnity insurers for many years. This specialist form of litigation has
proved expensive for two reasons: the method used for calculating damages;
and, more recently, the decided reluctance of the courts to award no
damages to claimants, even if their case was weak.


The Court of Appeal decision in Hatswell v Goldbergs, given shortly before
Christmas last year, may herald a welcome change in approach by the
courts.


Here the claimant

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