THE CURRENT IMPORTANCE OF PLEADINGS 72: THE COURT WOULD NOT ALLOW THE CLAIMANTS A “FALL BACK” POSITION OF A SECOND HEARING: “A TRIAL IS THE FIRST AND LAST NIGHT OF THE SHOW; IT IS NOT A DRESS REHEARSAL”

Here we have a situation which presents a real dilemma for those seeking, and pleading, a claim for damages.  In this case there were a large number of permutations in the claimants' claim for damages. Only some of these had been pleaded.  The judge rejected an argument that the claimants should hav...