EWJ 60 April 2025 web - Journal - Page 12
the ‘chance’ of obtaining that gain. This would appear
to provide a firm foundation for why the loss of chance
percentage should be applied after rather than before
the deduction of credit. The credit is brought in at
stage 1, in calculating Barrowfen’s total lost ‘gain’.
The percentage is then applied to the overall gain at
stage 2.
Andrew
Andr
ew Acquier
Acquier, FRICS
CHAR
ARTE
TERED
ED ARTS
AR S S
SURVEYO
VEYOR
R
Andrew Acquier FRICS has been working as an independent
To look at it from the perspective of the credit alone,
under Scenario 1 credit was given for 60% of the increased developers profit of £2,508,182, i.e.
£1,504,909.20. Under Scenario 2, credit was given for
32% (which assumes scenario 1 did not take place), of
a further £802,618.24. The total credit was the sum of
these figures, i.e. £2,307,527 – or 92%, reflecting the
8% chance that the original development plan could
never have been implemented, and the additional development profit thus never earned. This calculation
provides a useful cross check on the (perhaps) more
intuitive two step approach described above.
valuer since 1982, specialising in fine art and antiques.
Instructions for probate, divorce settlement, tax/asset and
insurance valuations as well as expert witness work are
regularly received from solicitors and other professionals.
Andrew has many years experience of compiling reports
for litigious cases, several of which have necessitated a
subsequent court appearance as an expert witness to argue
quantum. Divorce valuations are a speciality, usually as Single
Joint Expert. He is an Associate Member of Resolution.
Work is carried out throughout the UK and abroad.
23 York Street
While this result is not surprising on the facts, the
decision underscores some of the conceptual difficulties which can arise, and the need for a robust and methodical approach to quantification in loss of chance
cases; particularly where mitigation and credit must
be taken into account.
Broadstairs
Kent
CT10 1PB
Tel: 0207 353 6440
Mobile: 07787 518 861
Email: andrew@andrewacquier.co.uk
www.4newsquare.com
Website: www.andrewacquier.co.uk
Mr Dawson is a Consultant Urologist with over 27 years’ experience.
He has formal training in personal injury and medical negligence reporting
and completed the Bond Solon Expert Witness Course in 2006. In 2008
he completed a Diploma in Law at the College of Law in Birmingham.
Mr Dawson has over 20 years of medico legal report writing and expert
witness work and has completed over 1850 reports, He has completed
numerous Fitness to Practise reports for the General Medical Council.
He is the author of the ABC of Urology, now in its 3rd edition, and also co-edited the Evidence
for Urology which won first prize in the urology section of the BMA Medical Book Competition
in 2005.
Mr Dawson is happy to accept instructions for personal injury, clinical negligence and condition
and prognosis reports.
M: 07711 584939
E: expertwitness@chrisdawson.org.uk
EXPERT WITNESS JOURNAL
10
APRIL 2025
