English to Arabic Law/Patents Law (general)

129. Elementary fairness demands that this point should have been raised at the outset. It was, if it had forensic legs, an obvious point for Mr Cash to take. But he did not. It was never pleaded. The existence of the Rose Trust came into view only weeks before the trial started upon service of witness statement but even then the point of law now said to arise was not brought into play. And even as the point was being advanced in the course of the trial it was not accompanied by any application to amend the pleading. No doubt had such an application been made it would (a) have risked the Claimant seeking consequential disclosure and (b) risked the trial being adjourned with the Second Defendant being exposed to the possibility of costs thrown away. I am bound to try this case according to the overriding objective which is to do justice to all parties. It would in my judgment run counter to that objective if I now allowed such an elementary point to be argued.