18 September 2008
Collett v Smith and another [2008] EWHC 1962, [2008] All ER (D) 74 (Aug)
Where the court has to assess the loss of a chance (in the present case, the chance of a successful career) and there is significant uncertainty as to whether the chance would have materialised, the appropriate course is to apply a discount, reflecting the prospects that the chance would, but for the injury, have materialised. If no significant uncertainty arises, no discount is appropriate and the full amount of damages should be awarded.
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