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11 June 2021 / Stephen Gold
Issue: 7936 / Categories: Features , Civil way , Procedure & practice , CPR
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Civil way: 11 June 2021

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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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