Source: All England Reporter
Publisher Citation: [2001] All ER (D) 331 (Feb)
Court: Court of Appeal, Civil Division

Henry, Buxton LJJ and Sir Swinton Thomas

Representation Glyn Edwards (instructed by Hugh James Ford Simey, Bristol) for the defendants.
  Christopher Makey (instructed by Davis Gregory) for the claimant.
Judgment Dates: 26 February 2001


Practice - Trial - Departure from case originally pleaded - Claimant commencing personal injury action against employer alleging negligence and breach of statutory duty - Judge finding for claimant on basis not pleaded or advanced by claimant - Whether new and distinct case.

The Case

On the facts of the instant personal injury action, the judge had entered judgment on liability in favour of the claimant on the basis of a new and distinct case that had neither been pleaded nor advanced by the claimant.

Practice Areas

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