THE CURRENT IMPORTANCE OF PLEADINGS 60: FAILING TO PLEAD A CLAIM FOR “LOSS OF CHANCE” LEADS TO TRIAL BEING RESTRICTED TO LIABILITY (AND THE CLAIMANT’S FACING RESPONSIBILITY FOR ADDITIONAL COSTS)

Here we are looking at a failure to plead the claimant's case as to damages fully.  The claimant wanted to advance a claim for "loss of chance" in addition to seeking damages on the balance of probability.  The judge rejected the claimant's argument that this was already pleaded, he held that an ame...