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

The following PI & Clinical Negligence practice note produced in partnership with Louise Thomson provides comprehensive and up to date legal information covering:

  • Drafting schedules of loss in PI and clinical negligence claims
  • Drafting schedules
  • Heads of loss
  • General damages
  • Past loss of earnings
  • Future loss
  • Future loss of earnings
  • Pension loss
  • Losses for a finite period
  • Aids and appliances
  • More...

NOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced that the discount rate would change to minus 0.25%. The minus 0.25% discount rate came into effect on 5 August 2019. Schedule A1 to the Damages Act 1996 provides that subsequent reviews are to take place within five years of the conclusion of the previous review which means that the next review must commence on or before 15 July 2024.

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

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