What is the difference between expectation loss and reliance loss?

Expectation loss puts the claimant in the position they would have occupied had the contract been performed, typically lost profits from the bargain. Reliance loss restores expenditure wasted in reliance on the contract. Experts model both where the instructing party or the governing law requires comparison.

Do you prepare CPR Part 35 reports for England and Wales?

Yes. Loss of Profits Expert is a London practice. Expert reports for proceedings in England and Wales are prepared to CPR Part 35 and Practice Direction 35. The expert's overriding duty is to the court. We also prepare reports for Scotland and Northern Ireland where the applicable procedural rules require it.

Breach of Contract Lost Profits Expert Witness

Expert quantification of lost profits arising from breach of contract, lost revenue from terminated contracts, lost profits from anticipated contracts, wasted expenditure, reliance loss, and expectation loss. Distinction between expectation, reliance, and restitution damages modelled where relevant.

A container ship being loaded by gantry cranes at the Port of Felixstowe

What This Covers

Scope of Analysis

Expectation loss: lost profits from the bargain
Reliance loss and wasted expenditure
Anticipated contract and pipeline analysis
Terminated supply and distribution agreements
Mitigation and alternative transaction analysis

When You Need This

Typical Instructions

Terminated commercial contracts with ongoing profit streams
Failed joint ventures and partnership disputes
Distribution and franchise agreement breaches
Supply chain contract termination claims

A tower crane on a building site in north London

Our Approach

Methodology & Delivery

“We model the profits that would have been earned under the contract but for the breach, and assess whether the claimant mitigated, or could have mitigated, the loss through alternative arrangements.”

Report Standards

CPR Part 35 · FRE Rule 702 / Daubert · IBA Rules

Engagement Type

Single party · SJE · Tribunal-appointed · Advisory

Forums

High Court · Commercial Court · ICC · LCIA · SIAC · ICSID · US Federal

Related Services

FAQ

Common Questions

What is the difference between expectation loss and reliance loss?: Expectation loss puts the claimant in the position they would have occupied had the contract been performed, typically lost profits from the bargain. Reliance loss restores expenditure wasted in reliance on the contract. Experts model both where the instructing party or the governing law requires comparison.
Do you prepare CPR Part 35 reports for England and Wales?: Yes. Loss of Profits Expert is a London practice. Expert reports for proceedings in England and Wales are prepared to CPR Part 35 and Practice Direction 35. The expert's overriding duty is to the court. We also prepare reports for Scotland and Northern Ireland where the applicable procedural rules require it.

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