TBC or not TBC: Proportionality is the question

How can the court and the parties decide how much resource to spend on a claim without an idea of its value?

It has long been a claimant tactic to keep aspects of their claim opaque for as long as possible. This delays defendants from properly interrogating the claim and also makes it more difficult for them to make an informed offer in settlement.

Often, claimants will have been represented by solicitors for almost three years before proceedings are issued. How then can it be excusable for them not to have particularised at least their past losses?

Since the enhancement of the overriding objective, emphasising that litigation should be conducted proportionately, this practice looks even more inappropriate.

How can the court and the parties decide how much resource to spend on a claim without an idea of its value?

We have confronted this issue; addressing it in the Defence and then pursuing it, if not corrected, with an application to strike out the non-particularised elements.

The sooner that we see a more consistent approach from defendants to this issue, the sooner that this unhelpful practice will cease.

To promote this consistent approach, if you would like a copy of the standard letter that we have drafted to challenge this behaviour, please fill in the form below.

Alternatively, if you would like to discuss this issue further, please contact Liam McGuire on 0151 242 0889 or by email Liam.McGuire@weightmans.com or Ambre Cross on 0151 243 9844 or by email Ambre.Cross@weightmans.com

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