Overview
This webinar provides a focused and practical analysis of the key arguments available to reduce claims for damages in personal injury and related litigation. It examines how defendants—and those advising on quantum—can critically assess and challenge the claimant’s case through effective use of counter-schedules and strategic legal argument.
The session explores core areas where damages may be reduced, including causation, mitigation of loss, and the proper treatment of benefits within the schedule of loss. It considers how counter-schedules should be constructed and deployed to test the claimant’s assumptions, challenge evidential weaknesses, and present alternative valuations.
Particular attention is given to the distinction between recoupable and non-recoupable benefits, and how these interact with the overall assessment of damages. The webinar provides practical guidance on identifying overstatements, evidential gaps, and legal arguments that can materially impact the value of a claim.
Overall, the session equips practitioners with the tools and strategies needed to robustly analyse, challenge, and reduce claims for damages in a structured and effective way.
Learning Objectives
By the end of this webinar, participants will be able to:
- Critically assess points raised in a counter-schedule
- Identify and apply causation arguments to reduce damages
- Evaluate and deploy arguments relating to mitigation of loss
- Understand the role and structure of counter-schedules in challenging claims
- Distinguish between recoupable and non-recoupable benefits
- Apply the correct treatment of benefits within a schedule of loss
- Identify evidential weaknesses and overstatements in claims for damages
- Develop practical strategies to reduce the overall value of a claim
Barrister
Kings Chambers, Leeds, Manchester and Birmingham and 4-5 Gray's Inn Square, London
Gordon was called to the Bar in 1991 having originally qualified and practised as a solicitor. He practices from Kings Chambers, Leeds, Manchester and Birmingham and 4-5 Gray's Inn Square, London. He works in the area of personal injury litigation and in the law relating to civil procedure, limitation and costs. He has a particular interest in issues relating to damages, evidence, costs and procedure.
Gordon is a former executive committee member of APIL and has lectured widely for APIL and CPIL on personal injury and procedure topics. Gordon is the author of Personal Injury Practice Notes (Cavendish); The APIL Guide to Fatal Accidents (now in its 4th edition); the 14th edition of Munkman and Exall on Damages for Personal Injury Death and Periodical Payments the New Law. He also wrote the section on limitation for the APIL loose-leaf and contributes two chapters to Munkman on Employer’s Liability... view full biography