THE CURRENT IMPORTANCE OF PLEADINGS 14: THE DEFENDANT COULD GIVE EVIDENCE OF MATTERS THAT WERE NOT PLEADED

Today we are looking at a case where the judge rejected an argument that evidence could not be given because the particular issue had not been pleaded.  The judge held that, on the facts of this case, the evidence was relevant and did not need to be a pleaded issue.  The case draws a distinction bet...