•  5
    This paper shows how for every Contingent Loss whose associated probability fails the Balance of Probability test, there is a corresponding Expected Loss whose probability passes the Balance of Probability test and so constitutes a preferable head of damage for a civil claim. Recent English Mesothelioma and Asbestos-related judgements including Gregg v Scott 2005, Fairchild v Glenhaven 2002 and Barker v Corus 2006 are considered in the light of this theorem.
  •  15
    This paper proposes and analyses the following theorem: For every total actual loss caused to a claimant with given probabilities by a single unidentified member of a defined group, there is a corresponding total expected loss, divisible and separable into discrete component expected sub-losses, each individually "caused" by a corresponding specific member of that defined group. Moreover, for every total estimated loss caused to a claimant in the past or present or prospectively in the future wi…Read more
  •  7
    This paper proposes and analyses the following theorem: Every legal claim or award that includes interest rate adjustment also incorporates an implicit head of loss or counterclaim for the expected opportunity cost or time value of the underlying claim amount. This expected opportunity cost satisfies no-arbitrage when compared with the parallel interest rate market. The inflation and discounting of nominal damage awards forwards and backwards in time and the relationship between indemnity intere…Read more