THE CURRENT IMPORTANCE OF PLEADINGS 31: THE DEFENDANT DID NOT WANT TO TAKE A “PLEADING POINT”, HOWEVER THE JUDGE REFUSED TO ALLOW THE CLAIMANT TO PURSUE THE ISSUE

We are looking at a case where a claimant, in closing submissions, attempted to take a point that had never been pleaded.  The defendants stance was that it did not want to take a "pleading point", however the judge found that the fact that the issue had never been pleaded made it too difficult for ...