4 Eng Ltd v Harper and Another: ChD 29 Apr 2008

The claimant sought damages for deceit in the purchase of shareholdings fropm the defendants. The defendants objected that the damages claimed were for a loss of chance and were irrecoverable.
Held: Such damages might be recoverable in an action for deceit. Though there was no previous case directly on the point, there was no reason in principle why such a claim might not be made.


David Richards J


[2008] EWHC 915 (Ch), Times 23-Jun-2008, [2008] Bus LR 1698, [2009] Ch 91, [2008] 3 WLR 892




England and Wales


CitedEast v Maurer CA 1991
The plaintiffs had bought a hair dressing salon from the defendant, who continued to trade from another he owned, despite telling the plaintiffs that he intended not to. The plaintiffs lost business to the defendant. They invested to try to make a . .
CitedAllied Maples Group Ltd v Simmons and Simmons CA 12-May-1995
Lost chance claim – not mere speculative claim
Solicitors failed to advise the plaintiffs sufficiently in a property transaction. A warranty against liability for a former tenant’s obligations under leases had not been obtained. The trial judge held that, on a balance of probabilities, there was . .
Lists of cited by and citing cases may be incomplete.

Company, Contract, Damages

Updated: 12 December 2022; Ref: scu.270459