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Emily Betts recently argued successfully in the Court of Appeal – Scicluna v Zippy Stitch Ltd & Ors  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 email@example.com.
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