Litigation Letter
The Damages Lottery: Short Change or Windfall?
Speaking at the Bar Conference 2001, Christopher Purchas QC said that the damages lottery started with causation. ‘This has
to be proved on the balance of probabilities. Probability is often proved by assessment of chance or likelihood. More than
50%, the event is proved, with no discount for the chance that it did not occur; marginally less than 50%, and nothing is
recovered’.