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straight forward with a Claimant in whom trust has been established. For those Claimants without the bond of trust "moderating" the claim can be fraught and in the end unrewarding. The client has the final say on what shall and what shall not go into the schedule, and if the lawyer's clear instructions are to include a head of damage or a level of claim which is unlikely to be proven he is bound to do so despite his contrary advice. If the head is not sustainable in law then he may refuse, for inclusion would be an attempt to mislead the court.

102 Heads of claim

102.1 All claims for damages for whiplash injuries are likely to include one or more of the following heads of claim. This form can be used as a draft schedule at any time during the case. It is split up in the following way for two reasons: [1] because it is logical to do so and [2] because interest on damages is allowed at different rates on different heads of damages, those with the same interest rate are grouped together.

SCHEDULE OF DAMAGES

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HEAD £

GENERAL DAMAGES

pain and suffering

loss of use of vehicle

loss of enjoyment of job

interest

PAST

loss of income

medical expense

travel expense

DIY & gardening

home services & care

accommodation