AVOIDING THE PITFALLS: DRAFTING SCHEDULES OF DAMAGES: WEBINAR 16th APRIL 2026: WITH SOME INTERESTING QUOTES TO WHET YOUR APPETITE..
Drafting a Schedule of Damages is not simply a mathematical calculation. It requires legal knowledge, careful analysis, attention to evidence, and practical judgement. Courts frequently criticise poorly prepared schedules, particularly where figures are unsupported, exaggerated, or inconsistent with the evidence….
THE CURRENT IMPORTANCE OF PLEADINGS 33: COURT OF APPEAL UPHOLDS STRIKING OUT OF SCHEDULE OF DAMAGES: “OVER-COMPLICATED”, “UNCLEAR”. “LACKING IN THE MOST BASIC INFORMATION NECESSARY” (OH AND MANY OF THE CLAIMS WERE UNPLEADED…)
It is rare for a schedule of damages to come under close scrutiny prior to the trial itself. Here the Court of Appeal upheld a decision to strike out large parts of the appellants’ claim for damages. Many of the…
CLINICAL NEGLIGENCE CORNER 1: ASSESSMENT OF DAMAGES FOR PAIN AND SUFFERING IN A CLINICAL NEGLIGENCE CASE: IT HELPS IF THE PSLA IS IN THE SCHEDULE
It is relatively rare for litigators to get a detailed insight into the court’s approach to an award for pain and suffering. We see any example here. Of course every case is fact specific, but practitioners have to be aware…
A CLAIM FOR WORKING 24.4 HOURS A DAY – EVERY DAY OF THE YEAR: WHEN DRAFTING SCHEDULES OF DAMAGES ARE LEFT TO THE CLAIMANTS: PROFOUND PROBLEMS FOLLOW
We are returning to the judgment in Samrai & Ors v Kalia [2024] EWHC 3143 (KB). It is interesting to isolate out the parts of the judgment relating to the drafting of the schedules. The claimants’ schedules were found to…
“I FIND THAT THE CLAIM WAS CONSTRUCTED BY THE CLAIMANT’S LAWYERS ON A PREMISE WHICH WAS IRRELEVANT AND WAS NOT IN ACCORDANCE WITH THE CLAIMANT’S EVIDENCE OR THE LAW”: WHY MUCH MORE CARE IS NEEDED IN DRAFTING SCHEDULES
We are looking again at the decision in Cojanu v Essex Partnership University NHS Trust [2022] EWHC 197 (QB). This time at the judgment in relation to quantum. The case involved a situation where the claimant’s lawyers presentation of the case…
CIVIL PROCEDURE BACK TO BASICS 54: SCHEDULES OF DAMAGES SHOULD NOT BE WORKS OF FICTION
Anyone drafting anything in the litigation process must remain acutely aware that there is real possibility that the document they are drafting will one day be read by a judge. This is even more likely in relation to a schedule…
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