Dominic Regan suggests how to avoid some common pitfalls
Pleadings are important! I use the quaint term for it is more elegant than statement of case. The guidance issued by Lord Woolf MR in Mcphilemy v Times Newspapers Ltd [1999] 3 All ER 775 says it all. “Pleadings are still required to mark out the parameters of the case that is being advanced by each party. In particular they are still critical to identify the issues and the extent of the dispute between the parties.” Mistakes can lead to negligence actions. Here are some common pitfalls best avoided.
If you don’t ask you don’t get! Contributory negligence can diminish awards significantly but if the matter is not pleaded it is beyond the powers of the court to award anything but full damages. In Cto v Dziennik [2006] EWCA Civ 1456, [2006] All ER (D) 157 (Nov) on overwhelming evidence, the trial judge decided that the claimant was substantially at fault and deducted 60% from his award. Held: there was no pleaded allegation of contributory fault so
