THE CURRENT IMPORTANCE OF PLEADINGS 74: A PARTY CANNOT SIMPLY SEEK TO AMEND THE LIST OF ISSUES TO INCLUDE AN ISSUE THAT IT HAS NEVER PLEADED

Here we have an unusual case in that the defendant, rather than seeking to amend its defence, sought permission to amend the list of issues to enable it to argue a new point which (the judge found) had not been pleaded.    The judge refused to amend the list of issues, there being no explanation fro...