Litigation Letter

Court of Appeal assesses damages for loss of a chance

Anthony McGill v Sports and Entertainment Media Group and Others [2016] EWCA Civ 1063, 4 November 2016

The Court of Appeal had to consider whether damages should be awarded for loss of a chance where the chance was less than 50%. The facts were relatively straightforward – Mr McGill was a football agent who negotiated the transfer of a football player from Aston Villa FC to Bolton Wanderers FC, based on an oral agency arrangement with the player. However, a rival agency, Sports and Entertainment Media Group (SEM), intervened and completed the transfer of the player, depriving Mr McGill of the commission promised to him. Mr McGill brought a claim against SEM for, amongst other things, inducing a breach of contract.

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