Home > Defence omitted from list of issues could not be raised on appeal: Emily Betts succeeds in the Court of Appeal

Defence omitted from list of issues could not be raised on appeal: Emily Betts succeeds in the Court of Appeal

13th June 2018

Defence omitted from list of issues could not be raised on appeal: Emily Betts succeeds in the Court of Appeal

Emily Betts recently argued successfully in the Court of Appeal – Scicluna v Zippy Stitch Ltd & Ors [2018] EWCA Civ 1320 – that a defence omitted from the list of issues could not be raised on appeal. The Court of Appeal reiterated the importance of the list of issues. A failure to raise a point in a list of issues could prevent a party seeking to argue it on appeal. This means that those raising claims in the alternative need to take particular care with drafting. If you would like more details of this case, contact Sally Wollaston on +44 (0)20 7242 2523 or sally.wollaston@hardwicke.co.uk.

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Please note that we do not give legal advice on individual cases which may relate to this content other than by way of formal instruction of a member of Hardwicke.  However if you have any other queries about this content please contact:

Sally Wollaston
Sally Wollaston
Business Development and Marketing Director
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