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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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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