The first thing to consider is that a claimant who pursues a claim must be able to prove his case.
In order to obtain damages or compensation for a loss incurred the claimant must be able to satisfy the court that, factually, some form of loss has occurred and secondly, the amount of that loss.
If it is shown to the court that the fact of damage is correct but there is no evidence as to its value, it is likely that only a nominative sum of compensation will be awarded. A judge will need to be able to support the granting of compensation with reference to evidence to support that award.
However, simply because it is difficult to assess the value of a loss does not preclude a claimant from recovering compensation when it is clear a loss has been incurred.
The courts have taken the view – in the case of Biggin v Permanite that:
“Where precise evidence is obtainable, the court naturally expects to have it, but where it is not, the court must do the best it can.”
Therefore, it seems that the courts have taken the view that as much certainty and particularity as possible is required having regards to the circumstances and the nature of the loss incurred.
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