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14 May 2010
Issue: 7417 / Categories: Case law , Law digest
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Damages

Parabola Investments Ltd and another v Browallia Cal Ltd and others [2010] EWCA Civ 486, [2010] All ER (D) 33 (May)

When conducting a hypothetical exercise to quantify loss, the court did not apply the same balance of probabilities approach as it would to the proof of past facts.

It would estimate the loss by making the best attempt it could to evaluate the chances, unless those chances amounted to no more than remote speculation, taking all significant factors into account. The judge had to make a reasonable assessment and different judges might come to different assessments without having been unreasonable.

 

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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

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Law firm trainees are choosing US firms over their UK comparators, according to Chambers’ annual report on UK trainee satisfaction
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
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