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15 May 2026 / Ian Gascoigne
Issue: 8161 / Categories: Features , Contract , Damages
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Beyond the date of breach

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© Getty images
The date-of-breach rule remains central to contractual damages, yet courts continue to recognise important exceptions: Ian Gascoigne explores the evolving case law
  • Although contractual damages are usually assessed at the date of breach, courts may exceptionally take account of later events where ignoring them would overcompensate or undercompensate the innocent party.
  • Recent cases show that post-breach events are most likely to affect damages in continuing contracts, anticipatory breach situations and share sale warranty claims, but the courts remain cautious about relying impermissibly on hindsight.

Every law student learns that the loss of the victim of a breach of contract is assessed at the date of the breach. It is a clear and certain rule that makes it easier for advisers of a victim to calculate how much their client should recover. It is certain, except there are exceptions. In some situations, in assessing loss a court can reflect in the level of compensation events which happen after breach of contract occurred. One reason for an exception is

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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