Vasiliou v Hajigeorgiou
Where the trial judge finds as a fact that the claimant would have operated a profitable business but for the defendant's breach, damages for loss of profits should not be discounted for loss of chance; the assessment should reflect the profits that would have been earned, not a reduced figure for commercial risks.
- Parties
- Respondent/claimant: Vasiliou; Appellant/defendant: Hajigeorgiou
- Jurisdiction
- England and Wales
- Judgment Date
- 21 December 2010
- Procedural Posture
- Civil Appeal / Judgment on Appeal From Assessment of Damages
- Outcome
- Appeal dismissed
- Legal Topics
- Damages Assessment, Loss of Profits, Breach of Covenant, Loss of Chance, Mitigation, Remoteness
Case Brief
Summary, issues, holding and outcome
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Parties
Vasiliou
Respondent/claimant
Hajigeorgiou
Appellant/defendant
Procedural Posture
Civil Appeal / Judgment on Appeal From Assessment of Damages
Legal Issues
- 1 Whether damages for loss of profits should be discounted for loss of chance
- 2 Whether the claimant's competence and intention to run a profitable restaurant should affect quantum
- 3 Whether the judge erred in not applying a discount for commercial risks
Ratio Decidendi
Where the trial judge finds as a fact that the claimant would have operated a profitable business but for the defendant's breach, damages for loss of profits should not be discounted for loss of chance; the assessment should reflect the profits that would have been earned, not a reduced figure for commercial risks.
Court Disposition
Appeal dismissed
Orders
- Assessment of damages for loss of profits in the sum of £422,186 upheld
- No further discount for loss of chance to be applied
Full Case Text
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