In HD v Northern Devon Healthcare NHS Trust  EWHC 2118 Costs Judge James was critical of the way in which the schedules of damages on behalf of the claimants had been drafted. She observed:
“ I am not impressed by these Schedules of Loss. A reasonable system of work would have been to draw up a checklist of potential claims based upon an understanding of what is and is not recoverable. That would have required an understanding of what counts as ‘care’”
This is one of many instances in which the courts have been critical of the way in which schedules of loss have been prepared. This can easily lead to assertions of fundamental dishonesty.
This webinar looks at the rules, cases and guidance on drafting a Schedule of Damages. It aims to help practitioners avoid the problems that judges regularly identify.
- Cases where the schedule has gone wrong
- Judicial criticism of schedules
- Getting the schedule right
- The problem of proving damages and the difficulties that arrive when you can’t prove them
- Recording the information given to you and the advice given.
- Establishing the costs on assessment.
All people registered for live webinars will automatically be emailed details to view the on-demand learining following the webinar, whether you view live or not. Webinar recordings are available to view for up to six months.