• A reputation for professional excellence with integrity

    A reputation for professional excellence with integrity

  • Accurate understanding and technical analysis

    Accurate understanding and technical analysis

  • National and International Experience

    National and International Experience

  • 34 years in private legal practice

    34 years in private legal practice

  • A focus on events and consequences, not gossip

    A focus on events and consequences, not gossip

  • Helping lawyers, brokers, accountants, surveyors and other professions

    Helping lawyers, brokers, accountants, surveyors and other professions

  • There when you need him

    There when you need him

Legal Viewpoint February 2018

20 Feb 18

Legal Viewpoint

Proving Loss

In any claim for losses resulting from a civil wrongdoing, it’s always vital to support the claim with cogent evidence, especially if the alleged loss is not ‘direct’, but rather is a ‘consequential’ financial shortfall alleged to have resulted from the breach. The evidence must show not only that the breach was indeed the predominant cause but also its quantification. In Contact (Print And Packaging) Ltd v Travelers Insurance Co Ltd [2018], the Claimant sought a higher indemnity payout from its insurers to cover its losses from interruptions to its business following an error. Its problem was that the business had subsequently been sold and the records of its trading patterns, performance and so forth were inadequate to show what trading impacts were suffered as result of the alleged fault rather than other causes, and how much. The amount awarded by the court was accordingly much less than claimed.

Interest fiasco for Carrasco

In Carrasco v Johnson [2018] EWCA (2 February) the Court of Appeal has reminded that awards of interest on awarded damages are discretionary and broadly intended to compensate  a claimant for being kept out of money, rather than a restoration of damage, eg lost opportunities to reinvest it; or to punish the wrongdoer. The time period, prevailing rates applied in relevant commercial markets, and the subjective circumstances of the parties, are all heeded, but none of them specifically drives or justifies the court’s discretionary decision.

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Professional Risk Expertise

Mike Willis has worked with a diverse range of professions including...

The FMWL Approach …

  • Accurate understanding and technical analysis;
  • Focus on duty, causal event(s) and consequences; not gossip…
  • Sensitive but objective empathy;
  • Overarching commerciality; and
  • Clear aims, with vision where necessary to explore indirect routes to solutions.