header-logo header-logo

Computation versus loss of chance

08 November 2023 / Theo Huckle KC
Issue: 8048 / Categories: Opinion , Personal injury
printer mail-detail
144291
Letter to the editor

Dear editor,

I found the piece by Asela Wijeyaratne and Mamata Dutta very interesting (see ‘In the face of uncertainty’, NLJ 27 October 2023).

I led for Mr Mathieu in the trial of Mathieu v Hinds. It was an ‘all or nothing’ claim, with the defendant in effect contending throughout the case and trial that, despite the admitted breach of duty and serious brain injury sustained, Mr Mathieu suffered no loss of earning capacity at all, as he had made a great success of his career as an artist with his pictures commanding high prices in the order of $100k in the ‘primary art market’. We were pleased to defeat that case and obtain a substantial award >£3m. The case was highly complex and involved a number of separate and interesting legal issues, and colleagues have commented on its complexity in various articles published so far.

In cases of true uncertainty, eg as to whether a business begun by the claimant would

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Writing in NLJ this week, Victoria Rylatt and Robyn Laye of Anthony Gold Solicitors examine recent international relocation cases where allegations of domestic abuse shaped outcomes
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
Artificial intelligence may be revolutionising the law, but its misuse could wreck cases and careers, warns Clare Arthurs of Penningtons Manches Cooper in this week's NLJ
back-to-top-scroll