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WHAT DAMAGES CAN I CLAIM?

This is another interesting but complicated area of law. Sometimes, it is easy to identify what has been lost but often it is a matter as to what the lawyers call “remoteness.” As with much law, it is a question of reasonableness and degree. The simplest measure however is to look at putting you back in the position you would have been had the negligence not have occurred. You don’t make a profit as such, but you are properly restored to the position you anticipated when you instructed the advisor in the first instance. It often is called the “opportunity cost.” This means that due to your advisor’s mistake, you have lost an opportunity and you need to put a financial value on that opportunity. It can, in truth, be a minefield.

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