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Generally you would only ever issue one claim, but have what is called separate heads of claim
For example you would plead in your claim for negligence and ALSO the frustration element
However if this is a personal injury claim then in any event your losses would appear to flow and form part of the overall loss
You would therefore claim for injury and claim for past losses and any future losses as a result
But if you wanted two claims it would be one claim form but with two elements to it as they arise out of the same facts
Can I clarify anything for you about this today please?
would I state frustation of contract as a head
You can put that as a separate head of claim for injury yes
Could I do this in a personal injury negligence claim and include losses such as'
Loss of company,
Costs of liquidation etc
Well that's a hard one, you could potentially have it as a future loss
But you would need to show that this cause of action was not too remote
That is, was it reasonably forseeable.
I see an issue of remoteness here
But you can plead it by all means
no there is a direct causal link
It may be hard to claim for that, but of course you could try
Had it not been for the injury then you would not have suffered these costs.
Does that clarify the position?
what head of claim would you best describe this
You are claiming for personal injury
Does that clarify?
yes and all the events are as direct result of the injury, the contract became impractible to execute due to loss of the company, ergo, loss of contract under which i was engaged
That would be a loss suffered so potentially claimable.
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Thank you, XXXXX XXXXX conformed what I suspected. I appreciate your time, thank you. End