THE CURRENT IMPORTANCE OF PLEADINGS 67 : YOU CANNOT RELY ON THE DEFENDANTS’ ALLEGED SILENCE AS AN EXCUSE TO ATTEMPT AN UNPLEADED CASE THROUGH THE BACK DOOR

Here we have an unusual argument from the claimants.  The judge, whilst issuing a warning that the claimants had to refer back to their pleaded case, allowed the claimants some latitude in cross-examination. This led the claimants to argue that they defendants had waived their right to object to new...