Cost benefit analysis approach to global claims

Abstract

Purpose – The purpose of this paper is to examine relevant case law governing the failure and/or success of global or rolled‐up claims, where it is said to be impractical or impossible to demonstrate the links between certain causes of action and the monetary value to be attached to each. The paper proposes a theoretical framework to improve a claimant's prospects of success in advancing a global claim, not only in circumstances where it may be impractical or impossible to provide a breakdown but also where a cost benefit analysis concludes it is reasonable to do so.Design/methodology/approach – The paper uses traditional doctrinal legal methodology to evaluate judicial statements on the merits of global claims from a number of jurisdictions. The paper also draws on key authorities from the realms of health and safety and professional negligence.Findings – The cases demonstrate attempts by the court to recognise the problems faced by claimants at the end of a construction contract where their total costs ...