Overview

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.

This webinar examines the legal rules, relevant case law, and practical guidance surrounding the preparation of a Schedule of Damages. It highlights common mistakes made by practitioners and explains how these errors can undermine a claim or attract judicial criticism.

The session also explores the evidential challenges involved in proving damages, especially where documentary evidence is incomplete or unavailable. It will address how practitioners should record client instructions, support claims with evidence, and avoid allegations such as fundamental dishonesty. In addition, the webinar considers how properly drafted schedules assist in costs assessments.

Learning Objectives

By the end of the webinar, participants should be able to:

• Understand common errors in drafting Schedules of Damages and why courts criticise them.
• Analyse case examples where schedules were drafted incorrectly and the consequences that followed.
• Apply best practices to draft accurate and defensible Schedules of Damages.
• Recognise the importance of evidence in proving damages and how to deal with evidential gaps.
• Properly record client information and legal advice related to damages.
• Identify risks that may lead to allegations or findings of fundamental dishonesty.
• Understand how schedules influence costs assessment and recovery.