THE CURRENT IMPORTANCE OF PLEADINGS : THE COURT FINDS FOR THE CLAIMANT ON A POINT NOT PLEADED: THE IMPORTANCE OF THE STATEMENT OF THE AGREED ISSUES FOR TRIAL

THE CURRENT IMPORTANCE OF PLEADINGS : THE COURT FINDS FOR THE CLAIMANT ON A POINT NOT PLEADED: THE IMPORTANCE OF THE STATEMENT OF THE AGREED ISSUES FOR TRIAL

September 16, 2026 · by · in Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content, Statements of Case

The previous post looked at the costs consequences of a claimant pleading a case on a wide basis and then succeeding on the basis of a case that was not specifically pleaded.  It is worthwhile looking at the judgment on…

COST BITES 450: IF THE CLAIMANT SUCCEEDED ON A CASE THAT WAS NOT PLEADED SHOULD IT THEN PAY THE DEFENDANTS' COSTS?

COST BITES 450: IF THE CLAIMANT SUCCEEDED ON A CASE THAT WAS NOT PLEADED SHOULD IT THEN PAY THE DEFENDANTS’ COSTS?

September 16, 2026 · by · in Applications, Civil Procedure, Conduct, Costs, Members Content

Here the “Cost Bites” series interacts with the “Present Importance of Pleadings”.   The judge considered issues relating to liability to pay costs when the claimant had succeeded, but on a basis that was not pleaded.  In these circumstances should the…