When a claimant has lost a valuable chance but the breach of duty happens to have conferred a benefit on the claimant, how do you do the arithmetic?
Nicholas Davidson K.C. argued about this in Hartle v. Laceys in the Court of Appeal – effectively for both sides, as the claimant was unrepresented – and now explains how in Barrowfen Properties Ltd v. Patel [2025] EWCA 39 the Court of Appeal has opened up the possibility of this topic being considered by the Supreme Court.
