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

The Seven Disputed Heads of Loss: General

Seven heads of loss were struck out by the judge. They were:

On the face of it, save for Disputed Head 4 (Rental Income Loss) and subject to one of the arguments that arises under Disputed Head 1, the seven disputed heads of loss were outside the pleaded framework in paragraph 25.2 of the RRRAPOC. To that extent, therefore, they were unpleaded claims: claims made for the first time in the Schedule of Loss which have not been set up in the parent pleading. That is an important point. It is impermissible for damages to be claimed in a schedule of loss where the basis of the claim is not explained or even referred to in the statement of claim. It is at the very least a recipe for muddle and confusion if two parts of the same party’s case are inconsistent; it can lead to unfairness and prejudice to the defendants if the basis for the damages claim being advanced is unclear.

I now turn to deal with each of the disputed heads of loss in turn.