THE JUDGE WAS RIGHT TO REFUSE TO ALLOW A “NEW POINT” TO BE TAKEN ON APPEAL: DON’T FORGET PLEADINGS ARE STILL IMPORTANT…

In Azhar v All Money Matters t/a TFC Home Loans [2023] EWCA Civ 1341 the Court of Appeal rejected a defendant's argument that it should have been permitted to raise a "new" point on appeal.  The matter upon which the defendant appealed was never pleaded and, prior to trial, the claimant had no notic...