LORD JUSTICE COULSON
LORD JUSTICE COULSON:
1.Introduction
By a judgment dated 30 May 2025 ([2025] EWHC 1315 (TCC)), His Honour Judge Keyser KC (“the judge”) struck out the Wilsons’ Schedule of Loss. They now seek to appeal that order. Before the judge, Mr Wilson represented himself and Mrs Wilson. Before this court, the Wilsons are represented by Andrew Butler KC and Hugh Rowan. The defendants continue to be represented by Andrew Singer KC and Jonathan Ward.
At the end of Mr Butler’s submissions in support of the appeal, the court indicated that, despite his resilient efforts to support a Schedule of Loss in which neither he nor Mr Rowan had had any involvement, we had concluded that the appeal should be dismissed. These are my reasons for joining in with that decision.
- Heading
- LORD JUSTICE COULSON
- 2.The Background Facts
- The Pleaded Case
- The Wilsons’ Schedule of Loss
- The Judgment
- The Applicable Principles
- The Seven Disputed Heads of Loss: General
- Disputed Head 1: Total Capital Losses The Pleaded Claim
- The Judgment
- The Argument Advanced Now
- Discussion and Conclusion
- Disputed Head 2: Investment Loss The Pleaded Claim
- The Judgment
- The Argument Advanced Now
- Conclusion
- Disputed Head 3: Re-Investment Loss The Pleaded Claim
- The Judgment
- The Argument Advanced Now
- Conclusion
- Disputed Head 4: Rental Income Loss The Pleaded Case
- The Judgment
- Discussion and Conclusion
- Disputed Head 5: Secured Borrowing Loss The Pleaded Claim
- The Judgment
- The Argument Advanced Now
- 4 Conclusion
- Disputed Head 6: Indemnity
- Disputed Head 7: Taxation/ IHT 1 The Pleaded Claim
- The Judgment
- The Argument Advanced Now
- Conclusion
- Conclusions
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