Jonathan Lewis KC and Caroline Ziebart act in trial on loss of a chance in relation to HS2

Judgment was handed down today in Matière SAS v ABM Precast Solutions Ltd [2025] EWHC 1434 (TCC) a case arising from the breakdown of a joint venture between Matière, the Claimant, and ABM, the Defendant, following their failure to secure a major tunnelling subcontract in relation to the HS2 Project. The trial focused on ABM’s counterclaim, in which it asserted that as a result of Matière’s breach of its duties of good faith during the lengthy and complex bid process, ABM’s chances of securing the subcontract went from “virtually certain” to “nil”.  ABM evaluated the lost chance at 90%, applied to its claim for lost profit, pleaded at £18.92m alternatively at £16.62m.

This judgment is of interest for its consideration of the legal principles applicable to proving causation in loss of chance claims, and the application of those principles when a claim is made arising from a course of action over an extended period. In finding for Matière and dismissing ABM’s counterclaim, Mr. Alexander Nissen KC sitting as a Deputy Judge of the High Court  held that ABM was required to prove, on the balance of probabilities, that Matière caused the loss of the chance, and found that as a matter of fact Matière’s conduct had not had a causative impact on the main contractor’s decision not to award the subcontract to the joint venture.

Jonathan Lewis KC and Caroline Ziebart, instructed by Wallace LLP, acted for the successful Claimant, Matière. The full judgment is available here.