Loss Of Chance In Professional Negligence Claims

Loss Of Chance In Professional Negligence Claims Solicitors in London and Amersham.

Loss Of Chance

If your solicitors or barristers have been negligent in a litigation matter, you could have a valid claim against them.

If you have lost the opportunity to bring or pursue a claim because your solicitor or barrister has made a mistake, such as missing the limitation period, you may well be entitled to damages.

A “loss of chance” is when you lose the opportunity to win or defend a case against your opponent.

You have to prove that had it not been for your solicitor’s or barrister’s negligence you would have won the case successfully.

For immediate assistance, please call us now on 020 3795 6043 or complete a Free Online Enquiry and we will be delighted to help you.

“I found the firm to be incredibly valuable in all my dealings with them. With great and timely advice, support, genuine care and a practicality which was both refreshing and absolutely needed.

I always recommend them to anyone looking for legal advice or representation.”

Frank Durrell

Things to keep in mind are:

  1. You must prove that the underlying claim had a real prospect of success.
  2. In other words, if your legal advisers had not been negligent, you would have won your case (or would have had a much greater probability of doing so).
  3. The Court will then evaluate the prospect of success in percentage terms.
  4. That is, what is the likelihood that you would have been successful in your original case.
  5. This is known as the “loss of chance”.
  6. The Court to assess the likely damages you would have received in the underlying claim.
  7. The percentage loss of chance is then applied to the likely damages to give a figure, which is the value of your claim.

If you establish that you have lost a real chance, the evaluation of that chance forms part of your damages.

For example, if the court finds that your legal adviser’s negligence caused you to lose your case which had 75% chance of success, it will award damages equivalent to 75% of the loss you are able to establish.

The above is a simplified version of the legal principles that can apply.

This area of law is highly technical and careful analysis is required.

Professional legal advice should be sought as soon as possible.

About Ventura Law

Loss Of Chance In Professional Negligence Claims
Ventura Law was founded by Himanshu Batra, who has been in the profession for over 25 years and is an experienced and highly skilled commercial lawyer, litigator and employment law adviser. Himanshu specialises in dispute resolution in these areas as well as in professional negligence cases and property co-ownership disputes.

He is analytical, and methodical and always strives to ensure the best outcome is achieved for his clients.

Himanshu regularly represents directors, as well as shareholders and business owners in the range of legal matters that can arise. He is particularly experienced in employment disputes, and issues between partners, shareholders and directors.

Himanshu is also regularly instructed by other lawyers, accountants, doctors, dentists, surveyors, etc in their legal matters.

Make An Enquiry

For immediate assistance, please call us now on 020 3795 6043 or complete a Free Online Enquiry and we will be delighted to help you.

“Himanshu was extremely professional, knowledgeable and very supportive whilst advising me.

He was excellent at listening and grasped immediately what the key points of the case were. His negotiation skills are superb and the positive result of my case is evidence of this.

I can’t recommend him highly enough.”

Kathryn Tackley


This article is for information only and does not constitute legal advice.

Please consult one of our qualified lawyers for advice tailored to your specific position.