APPEAL ALLOWED WHERE THE TRIAL JUDGE DEPARTED FROM THE PLEADED CASE: “A MISUNDERSTANDING OF THE JUDGE’S FUNCTION)

The judgment of the Court of Appeal today in Satyam Enterprises Ltd v Burton & Anor [2021] EWCA Civ 287 provides another example of the importance of statements of case. The Court allowed an appeal where the trial judge had determined the case on a basis that was not pleaded.  The case was remit...