Avoided loss has been considered in two Court of Appeal decisions this year. Both decisions are helpful for lawyers in demonstrating a willingness by the court to take subsequent events into account.
In Bacciottini v Gotelee and Goldsmith (a firm)  EWCA Civ 170, the solicitors admitted failing to advise on a planning restriction. Two years after the acquisition the claimant obtained the removal of a planning restriction for £250. The claimant sued the solicitors for £100,000, being the diminution of the value at the date of breach. The Court of Appeal found that the likelihood of lifting the restriction in 2007 was very high and awarded the claimant damages ...
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