4 Eng Ltd v Harper & Others (No.2)

[2010]1BCLC 176

26th October 2009



Damages for loss of the chance to purchase an alternative company, if caused by a defendant's fraudulent misrepresentation and a claimant's reliance on it, were recoverable in an action for deceit, and the foreseeability of such a head of loss was irrelevant. There is no reason why damages should not be awarded for both income and capital loss providing it did not result in double recovery. The test for loss of chance damages in deceit and generally was considered.

It is reported at [2009] Ch. 91, [2008] 3 W.L.R. 892 and [2008] Bus. L.R. 1698

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