Tag Archives: Schedules

TOO LONG OR TOO SHORT: SCHEDULES and COUNTER-SCHEDULES: THE “CINDERELLAS” OF THE LITIGATION PROCESS

One important, but often overlooked, element of procedure and legal drafting is the preparation of the schedule of damages and the counter-schedule.  The rules relating to these documents are sparse. However these are important documents, often impacting upon the credibility of a litigant’s case (or defence). SCHEDULE TOO LONG: COUNTER-SCHEDULE TOO SPARTAN This post was […]

THE ARROYO CASE WAS A BIG & COMPLEX ACTION: THE PROBLEMS WERE SIMPLE (AND COMMON) 1: UNCHECKED SCHEDULES OF DAMAGES

The judgment of Mr Justice Stuart-Smith in Arroyo -v-Equion Energia Limited [2016] EWHC 1699 TCC is 1885 paragraphs long.  The trial lasted from the 15th October 2014 to the 5th March 2015, that is 62 court days.  The judgment actually contains a “health warning” to lawyers tempted to read it.  However it illustrates some basic, […]

SORTING MAJOR PROBLEMS OUT IN THE MIDDLE OF A TRIAL: SCHEDULES AND STATEMENT OF ISSUES SHOULD BE PREPARED IN ADVANCE NOT DURING A TRIAL

The major purpose of case management is to ensure that when a matter reaches trial the parties, and the judge, know precisely what the issues are in Redd Factors  -v- Bombadier Transportation [2014] EWCH 3138 (QB) this process clearly went awry.  It illustrates the importance of taking steps, and obtaining directions, which allow the issues […]