THE CURRENT IMPORTANCE OF PLEADINGS 40: THE CLAIMANT’S CASE ON CAUSATION WAS NOT PLEADED: THE CLAIMANT COULD NOT RELY ON MATTERS SET OUT IN CORRESPONDENCE AS AN ALTERNATIVE TO A PLEADED CASE

This case has plenty of pleading issues, in particular in relation to a failure to plead causation and damages.  This is one of many cases we have seen this year where claimants have failed to plead a case on causation. This led to  arguments on the claimant's behalf to the effect that the pleading ...