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26 May 2023
Issue: 8026 / Categories: Legal News , Tort , Damages
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NLJ this week: Quantifying recovery where financial downturn exists

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In tort, quantifying the extent of financial loss is a complex task for the courts. In this week’s NLJ, Ian Gascoigne, dispute resolution solicitor at LexisNexis, looks at the role played by the judge in such a case, considering caselaw and the many factors that must be taken into account.

How do you balance all these elements in order to determine objectively the types of loss that would foreseeably be anticipated at the time? The task is especially difficult when the judge must take a financial downturn into account.

Gascoigne writes: ‘It may seem unfair for a wrongdoer to be liable for events caused by their breach but attributable to forces beyond their control. This becomes acute when the victim’s loss is increased by their poor financial position or the movement of financial markets.’ 

Read the article in full here.

Issue: 8026 / Categories: Legal News , Tort , Damages
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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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