The principle of finality in law seeks to ensure that what is decided is left alone unless there are errors in law on appeal. Where there are no errors, but there is fresh evidence, which would have been both admitted and had an impact on the damages awarded, should it be admitted on an appeal? […]
Tag Archives: damages
Assessing Damages After An Insolvency
The measure of damages is determined by using the formulae, Loss (L) = Actual Liquidation Deficit (ALD) – Estimated Liquidation Deficit (ELD). The ALD is usually easily determined and agreed upon-it represents the losses suffered at the time of the liquidation of the business’s assets. The ELD is simple in theory but invariably in dispute […]