CA-2025-001477 - [2025] EWCA Civ 1360

Disputed Head 1: Total Capital Losses

The Pleaded Claim

This is the largest head of loss, amounting to about £317,000 in total for the two flats owned by the Wilsons. Paragraph 50 of the Schedule of Loss defines the ‘Total Capital Losses’ as meaning the accumulation of what are called the 2016 losses, the 2019 losses and the 2024 losses. As the judge noted at [21] of his judgment, to understand what that means one has to refer to that series of further definitions in the Schedule which I have set out at paragraph 13 above.

Mr Butler was, with respect, quite right to say that the Schedule of Loss over-complicates matters; in my view, Disputed Head 1 is the epitome of that problem.