A Chance, Ever So Small

We last looked at the law relating to loss of chance in the Winter 2001 Solicitors’ Liability Briefing, and noted then that claims relating to lost litigation are on the increase. Part of the reason for this is that claims for loss of chance arguably constitute an easier route to a successful award than proving a claim on the balance of probabilities. With the latter, success can lead to a full recovery whereas failure yields nothing; loss of chance claims offer the prospect of some recovery, arguably without the same burden of proof. The recent Court of Appeal decision in Sharpe v Addison shows that even a very small prospect of success in the original claim can be sufficient to found a successful claim against the solicitor who conducted that litigation.