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

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 claimant be paying the defendants' costs.    Th...