PROVING THINGS 149: A JUDGE CAN FIND DISHONESTY ON THE FACTS BEFORE THEM EVEN IF IT IS NOT PLEADED

We are staying with the decision of HHJ Melissa Clarke in  ATB Sales Ltd v Rich Energy Ltd & Anor [2019] EWHC 1207 (IPEC).    The claimant in that case had not pleaded fraud.  The judge rejected the argument that the absence of pleaded allegations meant that she could not find that the defendant...