PLEADINGS ARE IMPORTANT: NO LUCK IN TRYING TO ARGUE AN UNPLEADED CASE ON APPEAL: NOT A “DRY, TECHNICAL POINT”

In  Kalma & Ors v African Minerals Ltd & Ors [2020] EWCA Civ 144 the Court of Appeal dismissed an appeal brought by unsuccessful claimants.  In the judgment it was observed that the claimants were attempting to run a case that was never pleaded.

"The starting point is that the new case is n...