THE CURRENT IMPORTANCE OF PLEADINGS 47: YOU CAN’T CRITICISE A JUDGE FOR NOT FINDING ON A CASE THAT WAS NOT PLEADED (AND ON ANOTHER ISSUE WHERE THE CLAIMANT EXPRESSLY DISAVOWED THE CLAIM NOW BEING MADE ON APPEAL)

Here we are looking at an unusual appeal.  The appellant argued firstly that the judge should have found for them on a point that was not pleaded.  A second argument was that the judge should have assessed loss on a basis that was expressly disavowed by the claimant's advocate at trial.  The claiman...