Counter schedule of special damages—multi track

The following PI & Clinical Negligence precedent provides comprehensive and up to date legal information covering:

  • Counter schedule of special damages—multi track

Counter schedule of special damages—multi track

[IN THE COUNTY COURT AT [INSERT]

OR

IN THE HIGH COURT OF JUSTICE]

[[SPECIFY DIVISION]]

[[SPECIFY SPECIALIST COURT]]

[[INSERT LOCATION] DISTRICT REGISTRY]

Claim No:

Between

  1. [A B]        Claimant

  1. and

  1. [X Y]        Defendant

________________________________________________

COUNTER SCHEDULE OF LOSS

________________________________________________

The Defendant reserves the right to alter, amend or add to this Counter Schedule of Loss at any time up to and including trial.

PAST LOSSES

    1. 1

      Past loss of earnings

      (i) Loss of earnings to [insert date eg 26 February 2019] are agreed in the pleaded claim of £[insert amount].

      (ii)–(iii) Loss in the period [insert date eg 26 February 2019] to [insert date eg 25 August 2019] is not admitted. In principle, the Defendant would accept that it might take some time to obtain equally remunerative work. However, the Claimant’s evidence does not evidence reasonable steps to:

      1. 1.1

        obtain work at a similar salary;

      1. 1.2

        obtain an improved salary from that which he earned as a [insert job title eg HGV driver].

    1. 2

      Past care and assistance

      This is denied in part.

      Both the net hourly rate (£[insert net hourly care rate claimed]) and the number of hours claimed ([insert number of hours claimed] or [insert number of hours claimed] hours a day) are excessive.

      Having regard to the nature of the care, a fair net hourly rate is £[insert hourly care rate].

      Given that the injury affected the Claimant’s non-dominant shoulder and taking account of the additional claim for window cleaning,

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