Sometimes, counsel’s opinion is just plain wrong. Of course, sometimes clients get what they insist on having. From the outside it is not always easy to see what caused the disaster, as in MMP gmbh v Antal International Network gmbh.
According to the judgment the Plaintiff was alerted to the danger of advancing the case for compensation on a basis of a reduction in value of the corporate plaintiff itself.
When that proved unpersuasive, the evidence adduced on quantum was discounted and the court was left without any evidence on which to base an alternative claim. In effect, the plaintiff won on liability and lost on quantum.
All duck or no dinner!