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26 May 2023 / Ian Gascoigne
Issue: 8026 / Categories: Features , Tort , Damages
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Market impact: what’s recoverable?

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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

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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
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
A significant High Court decision has provided welcome clarification on how far legal advice privilege can extend within large corporate organisations
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