The use of sampling and extrapolation is not uncommon in the Business and Property Courts (particularly the TCC) as a way of corralling evidence and keeping trials within proportionate limits. The essential proposition is that, if the sampled allegations are found, on the balance of probabilities, to be properly representative of the pool of allegations as a whole, then a detailed investigation into the sample can be extrapolated into a result in respect of the pool.
The issue here is whether, as a matter of principle, a claimant can go one step further and plead its original statement of case on an extrapolated basis, without pleading a detailed case on each of the allegations in the pool. What the claimant (‘Standard Life’) sought to do in Part B of its claim was to make a series of specific allegations against the defendant (‘BDP’) arising out of a detailed investigation of 167 variations, and then extrapolate the results of that investigation across the remaining 3,437 variations, without investigating, much less pleading out, a detailed case in relation to those remaining variations.
Lady Justice Macur,
Lord Justice Coulson,
And,
Lord Justice Birss
[2021] EWCA Civ 1793
Bailii
England and Wales
Evidence
Updated: 30 December 2021; Ref: scu.670130
