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Jonathan Seitler KC and Lemuel Lucan-Wilson successfully resist appeal in falcons nuisance / negligence case
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Jonathan Seitler KC | Lemuel Lucan-Wilson
Friday 3 July 2026
PropertyTuesday 18 November 2025
Judgment was handed down today in Romal Capital (C02) Limited v Peel L&P (Ports) Limited, following a three-week trial in May-June 2025.
The case concerns a plot within the ambitious Liverpool Waters redevelopment of Liverpool’s historic docklands. Property developer Romal successfully established that Peel had breached contractual obligations requiring it to use all reasonable endeavours to assist Romal with securing planning permission for a development of more than 600 apartments on the plot. In the end, Romal managed to secure consent for a substantially smaller scheme. Mr Justice Fancourt found that, because of Peel’s failures to support the scheme through the planning process, Romal had lost the opportunity to make the substantially greater profits that would have flowed from a larger development.
The judgment contains an illuminating example of how to approach a ‘loss of a chance’ claim where there are number of hypothetical outcomes and a number of chances lost, as well as a useful discussion on the different ways of valuing a business’s lost profit.
Joanne Wicks KC and Emer Murphy, alongside Lord Banner KC, acted for Romal, instructed by a fantastic team at Clyde & Co LLP (Keith Conway, Robert Wood and Alexander Mak).
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Recent Cases
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Jonathan Seitler KC | Lemuel Lucan-Wilson
Friday 3 July 2026

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