The claimants appealed against the level of damages awarded to them in respect of a trespass by the respondent developer. The judge had rejected the claim for unpleaded special damages. The claimants said that the sums had been covered in the evidence at the court’s request.
Held: The appeal succeeded. Though the claimants might have sought leave to amend their pleadings, there had been no prejudice to the defendant, and indeed the defendants had responded to the evidence without objection. The damages should be recalculated to assess the sums claimed.
Lewison LJ said: ‘The purpose of a statement of case is to define the issues and to warn each party what will be dealt with at the trial, but the flexibility of modern procedure is such that, provided the mechanics are fair, adequate notice of matters to be dealt with at trial can be given under the direction of the court otherwise than through the formal medium of a statement of case. Under CPR Part 12.7, when the court enters judgment for an amount to be assessed by the court it will give directions. The same point is made in the practice direction accompanying Part 26. In the present case the district judge directed sequential service of witness statements. He could have directed service of a pleaded schedule of loss, but he did not. It is plain in my judgment that the witness statement was to stand as a statement of loss.’
Mummery, Rimer, Lewison LJJ
[2013] EWCA Civ 306
Bailii
England and Wales
Citing:
Cited – Perestrello E Companhia Limitada v United Paint Co Ltd CA 1969
The plaintiff alleged the wrongful repudiation by the defendant of a contract between them. The court considered the requirements as to what had to be pleaded in a claim for damages.
Held: Where a plaintiff claims that he has suffered damage, . .
Lists of cited by and citing cases may be incomplete.
Damages, Litigation Practice
Leading Case
Updated: 02 November 2021; Ref: scu.472891