Home / Cases / Fleming v Zurich Insurance plc [2023] EWCA Civ 1417

Fleming v Zurich Insurance plc [2023] EWCA Civ 1417


Civil procedure, pleadings, lifting the value. The Claimant brought a claim for personal injury and originally limited his claim to Fast Track levels. Standard directions were issued including permission to file and serve an updated schedule of loss. The Claimant’s updated schedule of loss sought almost £500,000. The Claimant sought to argue that he already had permission for the schedule and that the Court could award him damages irrespective of the limitation on the claim form. The County Court and Court of Appeal disagreed with this contention, holding that the Claimant required permission. In the circumstances of the claim, especially with regard to the developing medical evidence, permission to lift the value and amend the claim was granted.

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Paul McGrath

Call 1997

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