References: [2004] EWHC 3352
Coram: Sumner J
Sumner J gave guidance on the withdrawal of an admission under the CPR: ‘From the cases and the CPR I draw the following principals:
1. In exercising its discretion, the court will consider all the circumstances of the case and seek to give effect to the overriding objective.
2. Among the matters to be considered will be:
(a) The reasons and justifications for the Application which must be made in good faith;
(b) The balance of the prejudice to the parties and whether a party has been the author of any prejudice they might suffer;
(c) The prospect of success of any issue arising from the withdrawal of an admission;
(d) The public interest in avoiding possible satellite litigation, disproportionate use of court resources and the impact of any strategic manoeuvoring.
3. The nearer any Application is to a final hearing, the less chance of success it will have, even if the party making the Application can establish clear prejudice. This may be decisive if the application is made shortly before the hearing.’
Statutes: Civil Procedure Rules 14
This case is cited by:
- Cited – Kingsway Hall Hotel Ltd -v- Red Sky IT (Hounslow) Ltd TCC (Bailii, [2010] EWHC 965 (TCC))
The claimant said that the software supplied to it was not fit for purpose. The defendant said that the company had relied on its own inspections of what was a standard package, and had not made known its desire to use it in a specific context. The . . - Approved – Sowerby -v- Charlton CA (Bailii, [2005] EWCA Civ 1610, Times 05-Jan-06, [2006] 1 WLR 586)
Before proceedings, in without prejudice discussions, the defendant made certain admissions. They were withdrawn before proceedings commenced. The claimant said that they could not be withdrawn.
Held: Until proceedings began the Civil . . - Cited – Berg -v- Blackburn Rovers Football Club & Athletic Plc ChD (Bailii, [2013] EWHC 1070 (Ch), [2013] IRLR 537)
The claimant sought damages after termination of his contract of employment as manager of the defendant football club. The Club now sought leave to withdraw an admission of liability as to payment in respect of a minimum period of notice.