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09 January 2026
Issue: 8144 / Categories: Legal News , Civil way , Procedure & practice
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NLJ this week: How not to plead a schedule of loss

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

Katten Muchin Rosenman—Charlotte Hill

Katten Muchin Rosenman—Charlotte Hill

Katten strengthens financial markets and funds group in London

Hugh James—Keith Cundall & Lee Hart

Hugh James—Keith Cundall & Lee Hart

Hugh James expands national Serious Injury team with two new Partners

HFW—Rémi Ducloyer

HFW—Rémi Ducloyer

HFW continues Paris office growth with public law Partner hire

NEWS
The Court of Appeal's decision in Mazur v Charles Russell Speechlys LLP has lifted months of uncertainty for Chartered Legal Executives while prompting a rethink of regulation and supervision
The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
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