Schadestaatprocedure

The damages assessment proceedings are initiated where liability for loss has been established in earlier proceedings, but the precise quantum of damages cannot yet be determined. In these proceedings, the injured party seeks an order for payment of damages to be assessed.

This procedure serves to prevent unnecessary delay to the main action through debate over the extent of the loss, once the underlying liability has already been determined. The court is then free to concentrate exclusively on the calculation and substantiation of the damages.

In practice, the procedure is frequently employed in personal injury claims, tortious liability and contractual liability, where expert evidence and proof of actual loss play a central role.