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04 February 2010
Issue: 7403 / Categories: Case law , Law digest
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Civil procedure

Lombard North Central PLC v Automobile World (UK) Ltd [2010] EWCA Civ 20, [2010] All ER (D) 166 (Jan)

It was a basic principle of the system of civil procedure that the factual case the parties sought to asset at trial had ordinarily to be set out in their statements of case. That was not a principle based on mere formalism.

It was essential to the conduct of a fair trial that each side should know in advance what case the other was making and thus what case it had to meet and prepare for. It was the function of the pleadings to provide that information. The principle applied as much to litigants in person as to lawyers.

There was no duty on a judge trying a civil claim to check with a litigant in person to inquire as to whether such a litigant in person wished to amend his pleadings to raise any particular issues that he had not pleaded. It was for the litigant to decide what case he wished to make and how to

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
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