11 June 2021
Judge goes rogue, employees stay home, planes grounded
Lawyers sometimes try to run a different case at trial from that pleaded, but the recent Satyam case was ‘in a class of its own’, writes NLJ columnist Stephen Gold in this week’s Civil Way.
In Satyam, ‘the deputy High Court judge decided the case on a basis that had neither been pleaded nor canvassed before him,’ Gold writes. ‘That was impermissible and a misunderstanding of the judge’s function which is to try the issues the parties have raised before them.’
Gold touches down on the ‘midnight deadline’ in limitation, the employee’s right not to return to a dangerous workplace, family guidance and e-bundles. He spreads his wings on flight delay claims, which ‘have far from flown away’.
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