Overview

This webinar provides a practical examination of one of the most critical aspects of personal injury litigation: proving damages at trial. However well-founded a claim may be in principle, it will fail if the claimant cannot establish the losses claimed with proper evidence.

Focusing on real-world examples and recent case law, the session explores situations where claimants have failed to prove damages—or key heads of loss—and the consequences that follow. It highlights the evidential challenges practitioners face and the steps that must be taken throughout the life of a case to ensure that claims are properly supported at trial.

The webinar also addresses the strategic risks involved in pleading damages. It considers the dangers of both underpleading and overpleading a case, including the potential for adverse findings such as fundamental dishonesty where claims are exaggerated or unsupported.

Overall, the session equips practitioners with a practical framework for identifying evidential gaps, managing risk, and ensuring that damages are properly and credibly established before the court.

Learning Objectives

By the end of this webinar, participants will be able to:

• Understand the evidential requirements for proving damages at trial
• Identify common reasons why claims for damages fail
• Apply practical strategies to ensure losses are properly evidenced
• Recognise what steps to take where a loss cannot be fully proven
• Assess the risks associated with underpleading a claim
• Evaluate the dangers of overpleading, including allegations of fundamental dishonesty
• Identify evidential gaps and take steps to address them before trial
• Develop a structured approach to preparing and presenting damages claims