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NLJ this week: How not to plead a schedule of loss

09 January 2026
Issue: 8144 / Categories: Legal News , Civil way , Procedure & practice
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A construction defect claim in the Court of Appeal offers a sharp lesson in pleading discipline. In his latest 'Civil way' column for NLJ, Stephen Gold explains how a catastrophically drafted schedule of loss derailed otherwise viable claims. Across the areas explored in this week's column, the message is consistent: clarity, economy and proper pleading matter more than ever

In the Court of Appeal case, seven of nine heads of loss were struck out as remote or speculative, with the court emphasising that a schedule cannot be used to sneak in new causes of action. Robust case management, the judges made clear, means killing hopeless claims early rather than letting them limp towards trial.

Gold also distils key guidance on damages for defective works, reaffirming that reinstatement costs usually prevail, but diminution in value still has a role where repairs are disproportionate. The article sits alongside updates to family procedure rules, including reforms to how allegations of domestic abuse are structured and assessed.

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
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Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
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