THE CURRENT IMPORTANCE OF PLEADINGS 34: APPEAL ALLOWED (IN PART) WHERE TRIAL JUDGE AWARDED DAMAGES BASED ON UNPLEADED ALLEGATIONS

Here we have a case where the claimants' case was based (in part) on conduct by one of the defendants that was not pleaded.   The defendant appealed on that basis.  On appeal the judge was not persuaded by the respondents' argument that the appeal was about "ex post facto lawyering" or "technical ar...