BACKGROUND FACTS An award of damages for breach of contract measured to a 'hypothetical fee', previously described as 'Wrotham Park damages' ( Wrotham Park Estate Co Ltd v Parkside Homes Ltd [1974] ) is now known as 'negotiating damages' which was introduced by Neuberger LJ ( Lunn Poly Ltd v Liverpool & Lancashire Properties Ltd [2006] ). This remedy for breach of contract is only available where the breach has resulted in the loss of a valuable asset created or protected

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