The loss of a procedural chance to pursue a legal claim

Abstract

The present paper analyses the doctrine of loss of a chance applied to civil procedure – loss of procedural opportunity to pursue a legal claim, initially exploring the theme as overseen by the Portuguese doctrine and precedents. In addition, the paper intends to distinguish the concrete “chance” from the possible outcomes of a certain trial, also relaying on Comparative Law and the theory of “trial within the trial”. Finally, the paper analyses the evaluation of the concrete procedural “chance” and the legal duties of an attorney.