“…Both sides referred to Pittalis v Grant [1989] QB 605 (relied on post CPR by this court in Glatt v Sinclair [2013] EWCA Civ 241) on the approach to allowing an appellant to take a new point on an appeal. In Pittalis, at p.611 C-F, Nourse LJ, giving the judgment of the court, said this:…”
“…n. The court’s reluctance to allow a new point to be taken is all the greater where the point was conceded or accepted before the trial court: Glatt v Sinclair [2013] EWCA Civ 241, [2013] 1 WLR 3602. The mere fact that the appellant has changed legal advisers following trial does not, in my judgment, bring the case into the exceptional c…”