McNamara v North Tyneside Metropolitan Borough Council: CA 21 Feb 1997

The claimant sought damages for personal injuries. The case he presented at trial differed from that pleaded, and he now appealed dismissal of his claim.
Held: The variation was sufficiently serious to justify the refusal of relief. In fact the claim should be under Occupier’s Liability where the common law duty of care had been superceded. The claim would have failed if properly presented.
[1997] EWCA Civ 1072
England and Wales
CitedWaghorn v Wimpey (George) and Co 1969
The plaintiff pleaded that he slipped on a bank, but the evidence was that he slipped on a path.
Held: The variation in the case presented from that pleaded was fatal to the case. The court considered such variations: ‘In the present case Mr . .
CitedHughes v Lord Advocate HL 21-Feb-1963
The defendants had left a manhole uncovered and protected only by a tent and paraffin lamp. A child climbed down the hole. When he came out he kicked over one of the lamps. It fell into the hole and caused an explosion. The child was burned. The . .

These lists may be incomplete.
Updated: 20 April 2021; Ref: scu.141468