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Civil way: 11 June 2021

11 June 2021 / Stephen Gold
Issue: 7936 / Categories: Features , Civil way , Procedure & practice , CPR
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State your case!; the midnight count; up the workers; new family guidance; no bundle fun in Admin Court; look, no captain.

MAKING IT UP

It sometimes happens that one of the parties seeks to run a different case at trial from that pleaded. Gosh. Really. That in itself is unsatisfactory and can cause difficulties, as Nugee LJ observed in Satyam Enterprises Ltd v Burton and another [2021] EWCA Civ 287, [2021] All ER (D) 32 (Mar). As had recently been said in two other cases before the Court of Appeal, the critical role that statements of case play in civil litigation should not be diminished and too often the pleadings became forgotten as time went on and the trial became something of a free-for-all. Satyam, though, was in a class of its own. There, the deputy High Court judge decided the case on a basis that had neither been pleaded nor canvassed before him. That was impermissible and a misunderstanding of the judge’s function which is to try the issues the parties have raised

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MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

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NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

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