![]() “Plaintiffs must understand that if they bring actions for damages it is for them to prove their damage, it is not enough to write down the particulars, and, so to speak, throw themselves at the head of the court saying ” This is what I have lost. What is interesting is that the observations made in McCrae are similar to those made nearly 70 years ago in the case of Bonham Carter -v- Hyde Park Hotel Ltd (1948) 64 TLR 177 : (We have looked at this statement before in the context of being ready for trial at the outset of an action). There is a need for evidence and there is a need for an analysis of such evidence then the judge can make findings of fact by drawing inferences and doing the best he can, but on the evidence which is available.” Someone on each side in litigation such as this, with sufficient skill to do so, must, at some timely stage before trial, draw up a list of the issues which remain contentious and then consider whether or not there is evidence available to meet those issues …. It may be that the days of a formal advice on evidence are long gone but the need which such advice fulfil remains. “ If the method and presentation adopted in this case reflects a common circumstances in connection with personal injury cases in the district court it has, in my judgment, departed too far from the basic principle that a claimant must prove his case by evidence capable of supporting the conclusions to which the court is invited to come. He too was concerned about the way in which the evidence was presented: The kernel of the guidance given by this case is in the short judgment of Mr. An award of £2,000 under this head was set aside. However nothing was said in the witness statement or when the claimant was in the witness box. There was an assertion in the Particulars of Claim that the claimant found his work as a motor cycle courier satisfying. ![]() Loss of congenial employmentĪ similar observation was made in relation to an award for loss of congenial employment. In the absence of those materials it was not appropriate to attempt to use figures which were patently, for the reasons I have endeavored to explain, unreliable.”Īs a result an award of loss of earnings of £41,871.43 was reduced to£ £12,500. “ The claimant here simply had not laid before the court the materials which might well, had they been laid before the court, have enabled the judge to adopt the approach that he did. The Judge awarded damages for future loss of earnings on a multiplier/multiplicand basis. observed that, on the question of loss of earnings: “ The judge had before him in relation to this issue practically no evidence.” The claimant had answered some questions posed by the Defendant however no indication was given as to whether the sums mentioned in replies were net or gross or whether there were gaps between employment. ![]() The Court of Appeal upheld many of the Defendant’s contentions:- 1. The defendant appealed aspects of the awards made to the claimant because of the absence or paucity of evidence. ![]() Damages for pain suffering and loss of amenity were agreed at ,20,000. As a result of his injuries he had to give up work as a motorcycle courier. McRae was injured in a motorcycle accident. The case of McRae -v- Chase International Express Ltd EWCA Civ 505 provides an object lesson in the difficulties that can be caused by inadequate evidence when attempting to prove a claim for damages. A WORKING EXAMPLE OF A FAILURE TO PROVE DAMAGES We can be certain that the court will be less forgiving in relation to the late service of witness statements. WHY THIS IS IMPORTANT AFTER MITCHELL AND DURRANT Here we look at some cases and some possible solutions. “ C entire hire, storage & recovery claim struck out on basis C failed to quantify loss in loss in w.s’ment”Ī failure to give evidence on a key point of damages can be major problem. The genesis of this article is a tweet earlier today where a solicitor reported that a claim for the cost of hire and storage had been struck out because the witness statement was deficient.
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