Loss of opportunity cases can present significant challenges, as a party seeks to establish the likelihood of one or more hypothetical scenarios, and the value of an opportunity lost. This presentation detailed a proper approach to a loss of opportunity case, including what must be pleaded and proved to establish causation and loss, with an emphasis on the preparation of expert evidence relevant to the valuation of a lost opportunity. Attendees leave with practical suggestions for supporting or challenging a loss of opportunity assessment as cost-effectively as possible.
The main topics covered were:
- Key principles which inform the assessment of damages in a loss of opportunity case;
- Examples of loss of opportunity cases, focusing on evidentiary requirements to prove causation and loss;
- Valuation concepts relevant to the assessment of loss, including the treatment of risk and uncertainty inherent in a hypothetical scenario;
- Practical guidance in framing and proving a loss of opportunity case.
A recording of the presentation is free to view below.
- Press the ‘play’ button on the video thumbnail below.
- Complete the form.
- Press the ‘play’ button again on the video thumbnail below.
The presentation slides are available here.
Who should watch?
This topic will assist litigation lawyers, in house counsel, as well as accountants and other experts who may be called upon to analyse a venture with uncertain prospects of success.