Where a claim is asserted in submissions at trial and the opposing party responds to it without objection, the claim is raised for decision even if not formally pleaded. A trial judge's failure to address such a claim or give adequate reasons for its dismissal constitutes a miscarriage of justice warranting a new trial. General Clause 1 of the Tempo/Group 4 liability policy is free-standing and not limited by Extension 6, so that principals for whom the insured carries out work are entitled to indemnity as if a separate policy had been issued.
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