THE CURRENT IMPORTANCE OF PLEADINGS 103: “THE RESPONSIBILITY OF PLEADING THE CLAIM RESTS ON THE CLAIMANT” (OH, AND MATTERS CANNOT BE ADDED IN A SKELETON ARGUMENT SERVED THE DAY BEFORE TRIAL…)
Here we have a case where the claimant complained about the judge finding for the defendant on unpleaded matters. It was held on appeal that the claimant had not particularised the case fully and properly. The difficulty was added to…
THE POWER TO GRANT AN INJUNCTION NORMALLY REQUIRES A CAUSE OF ACTION: (ONE OF) THE DIFFICULTIES OF AN ANONYMOUS LITIGANT
There has been much press coverage, and much speculation, about the recent application to prevent publication of information by an anonymous celebrity. As litigators we are, of course, not interested in this. Of much more interest (to us) are the…
THE CRITICAL IMPORTANCE OF COMPLYING WITH TIME LIMITS: “THERE WAS A WHOLESALE FAILURE TO ACKNOWLEDGE THE DEFAULTS”; “IT WAS ALL AS IF COMPLIANCE WERE OPTIONAL”
Over the years we have seen some strongly worded judgments on failure to comply with the rules. Few are as strongly worded as this. The judge felt that the defendant felt it was entitled to provide documents late; there was…
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