LEGAL PRINCIPLE: CIVIL PROCEDURE – Remedies – Special Damages – Loss of Earnings – Requirement of Credible Evidence
PRINCIPLE STATEMENT
It follows that not only must special damages of this kind be carefully particularised, the evidence in support of them must be credible; this is strict proof; it is true that this court has held that the strict proof required to establish special damages means no more than the evidence which shows the same particularity as is necessary for their pleading; that is to say, evidence that makes precise calculation possible, and not that unusual proof is imposed upon such plaintiff; but when the claim for special damages has been carefully particularised and it turns out that the evidence led in support is not only suspect but clearly incredible, the claim falls to the ground irretrievably.
RATIO DECIDENDI (SOURCE)
"It follows that not only must special damages of the kind in the present case be carefully particularised, the evidence in support of them must be credible. This is strict proof. It is true that this court has held that the strict proof required to establish special damages means no more than the evidence which shows the same particularity as is necessary for their pleading; that is to say, evidence that makes precise calculation possible, and not that unusual proof is imposed upon such plaintiff. But when the claim for special damages has been carefully particularised and it turns out that the evidence led in support is not only suspect but clearly incredible, the claim falls to the ground irretrievably."
EXPLANATION / SCOPE
This refines special damages proof requirements. Requirements: (1) Careful particularization: Specific, detailed claim stating exact amounts/items. (2) Credible evidence: Evidence must be believable, reliable, and trustworthy. (3) Strict proof: Evidence matching pleading particularity, enabling precise calculation. “Strict proof” clarified: Means evidence with same specificity as pleading—precise, calculable evidence. Does NOT mean: unusual evidentiary standards, impossible proof burdens, or extraordinary requirements. Just means: specific evidence supporting specific claims, enabling court to calculate precisely. However: Even with particularization, if evidence is: suspect, clearly incredible, or unbelievable—claim fails irretrievably. “Irretrievably” means: cannot be saved, completely fails, and no recovery possible. This serves: ensuring special damages are proven (not assumed), requiring credible evidence (not mere assertions), and maintaining proof standards while avoiding impossible burdens. Balance: Courts require: specific evidence supporting specific claims, but not unusual/extraordinary proof. Evidence must: match pleading’s particularity, enable precise calculation, and be credible. Failure modes: Claim fails if: not particularized, evidence too vague for calculation, or evidence incredible despite particularization. The principle: particularization + credible specific evidence = strict proof satisfied; particularization + incredible evidence = claim fails irretrievably.