RE: Nano11 Jul 2024 16:29
"In conclusion, you've ignored my question about a settlement of $150m compared with a low end expectation of $200m and continue to suggest it's mine and others' issue for being disappointed. "
No I haven't but anyway ....
Damages models aren't the final figure that a court might arrive at. Even if they were they would be subject to a discount for early out of court settlement since there is always a price for fast, risk-free money.
The damages models were always misunderstood on the forums. They were held out to be definitive but they are not the law only a tool to assist the court, which always has discretion to come to it's own figures, especially at an appeal or higher court.
The fundamental legal principle is that the parties should both be put back to the position they would have been in had a contract been agreed and then adhered too. That is why I considered and still consider £100 million fair and estimates, whether or not I shared them at any stage, of billions of dollars ridiculous. In other words the damages models are no more than a means by which a court can come to this figure but they aren't compulsory.