The Assessment of Damages in Negligent Advice Cases: Impact of Asset Values

This short-module provides litigators with a practical set of frameworks in terms of quantifying damages in negligent misadvice cases in which losses have been amplified by the loss of value of assets.

The course is particularly relevant to solicitors and barristers with professional negligence specialisations (particularly in relation to legal, property, accounting and financial advice).

By the end of this module participants will have gained a deeper understanding of:

  • The interaction between traditional foreseeability tests and the dynamics of a volatile asset market;
  • Identifying how different damages calculation methods can maximise or minimise quantum; and
  • The continuing state of ambiguity in the current law and how this may affect them in years to come.

Unit structure:

  1. Understanding the role of damages in contract and tort law;
  2. Establishing the conceptual ambiguities at the peripheries of the reasonable foreseeability and reasonable contemplation tests;
  3. Framing the conceptual problems in establishing whether asset related losses are foreseeable or not;
  4. The divergence between the decisions of the Court of Appeal and the House of Lords in the SAAMCo litigation;
  5. Irish case law in the aftermath of the ACC v. Johnston decisions; and
  6. What still remains to be decided in the aftermath of SAAMCo/ACC.

Teaching method:

Discontinued 2016.

Duration & pricing:

  • Net-Duration: 1 hour 

To review current/scheduled booking options, please refer to: 2021 Legal CPD programme

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