What’s the damage? Court of Appeal guidance on quantifying loss and collateral benefits

A recent Court of Appeal decision has provided a useful reminder that when planning a restructuring or refinancing, the impact on existing claims (particularly claims against advisers for negligence) should be considered in advance.

In this case, the claim against a firm of accountants succeeded even though a loan which was based on their negligent due diligence report had been repaid. The unsuccessful argument used against the claimant was that the refinancing repaid the old loans and extinguished any loss suffered as a result of the accountants' negligence. Whilst this case rests heavily on its facts the judgment explains the rules as to what benefits a claimant has to give credit for when calculating its loss.