I’M NOT TAKING A PLEADING POINT – BUT: FAILURE TO PUT A POINT IN CROSS-EXAMINATION NOT FATAL TO CLAIMANT’S CASE

May 17, 2018 · by · in Appeals, Civil evidence, Members Content, Statements of Case

The judgment in Auckland v Khan & Anor [2018] EWCA Civ 1148  is in short form.  However it does illustrate the difficulties of appealing on "pleading points" and findings of fact.

"There are certainly cases in which the failure to put a central feature of a case to a witness is so serious that ...

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