POINTS HAVE TO BE PLEADED: APPLICATION TO AMEND AT TRIAL CORRECTLY DISALLOWED: PLEADINGS ARE THERE TO ENSURE THAT THE ESSENTIAL ELEMENT OF EACH PARTY’S CASE ARE KNOWN

In  Kensington Mortgage Company Ltd v Mallon & Ors [2019] EWHC 2512 (Ch)  Sir Gerald Barling, sitting as a Judge of the High Court, dismissed an appeal against a judge's refusal to consider a point that was not pleaded.  The trial judge had also refused an application to amend, that application ...