Drafting counter schedules of loss in PI and clinical negligence claims
Produced in partnership with Louise Thomson of 12KBW
Drafting counter schedules of loss in PI and clinical negligence claims

The following PI & Clinical Negligence guidance note Produced in partnership with Louise Thomson of 12KBW provides comprehensive and up to date legal information covering:

  • Drafting counter schedules of loss in PI and clinical negligence claims
  • Drafting a counter schedule
  • General damages
  • Past losses—specific heads of claim
  • Future losses—specific heads of claim

NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25%. The new discount rate came into effect on 5 August 2019.

The claimant is expected to provide the defendant with a detailed breakdown of any past and future losses with supporting documentation. This enables a claim to be properly evaluated at an early stage, and an early valuation to be provided. Such documentation is helpful to both the solicitors and the claimant, as they can get a realistic view of what the claim is worth. From the defendant’s point of view, the breakdown is essential as it allows them to know the case that is being brought against them and, if appropriate, properly evaluate a claim.

The term 'special damage' is used to cover all items of loss that have an exact monetary value. Such pecuniary loss is then subdivided so that pre-trial losses and expenses can be put forward as past expenses and losses and post-trial losses and expenses can be put forward as future expenses and losses.

Drafting a counter schedule

Where a claim is for personal injuries and the claimant has included a schedule of past and future expenses and losses, the defendant should include in or attach to their defence a counter schedule stating:

  1. which of those items they: