header-logo header-logo

26 May 2023 / Ian Gascoigne
Issue: 8026 / Categories: Features , Tort , Damages
printer mail-detail

Market impact: what’s recoverable?

123324
How can the courts determine the extent of economic loss due to financial downturns in a tort claim? Ian Gascoigne discusses the challenges of striking the right balance
  • In tort, a court’s task is to determine objectively the types of loss that would foreseeably be anticipated at the time that the breach of duty happened.
  • Having to assess whether a falling market is within the scope of the particular duty of care affords the judge an effective check.

Quantifying the recovery under a claim for economic loss following breach of a duty of care in tort is difficult. The breach can push the victim into a set of dramatic consequences.

In resolving such claims, judges have two roles. The first is to establish a dividing line on the facts; and the second, for higher courts, is to set out a workable principle for future reference. Courts can address a victim’s financial recovery in terms of a combination of arguments over the scope of the duty, causation, remoteness and (sometimes) contributory

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

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll