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