THE CURRENT IMPORTANCE OF PLEADINGS 69: ALLEGATIONS OF DISHONESTY SHOULD HAVE PLEADED: IT IS INAPPROPRIATE TO QUESTION WITNESSES ON THE BASIS THAT THEY HAD ACCEPTED A PROPOSITION WHEN THEY HAD NOT DONE SO

There are several matters of interest in this judgment given last Friday. Firstly that allegations of fraudulent conduct were made when those assertions had not been pleaded.  Secondly the judge was critical of the attempt to cross-examine witnesses on the basis that they had accepted a proposition ...