The right to resile from an admission made in pleadings is lost only if there can be found proof of prejudice to the other party. It is a matter for the judge’s discretion.
The court set out the principles on which it should act when it is asked to give leave to amend.
Citations:
Gazette 22-May-1996, Times 02-May-1996, [1996] EWCA Civ 1300, [1996] 1 WLR 1089, [1996] 3 All ER 46, [1996] PIQR P330
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Al-Sabah v Ali and Others ChD 22-Jan-1999
The claimant alleged the fraudulent transfer of properties by use of a forged power of attorney.
Held: The power was fraudulent. Solicitors had acted under the instructions of the agent. The court referred to the Law Society’s practice . .
Lists of cited by and citing cases may be incomplete.
Estoppel, Litigation Practice
Updated: 31 October 2022; Ref: scu.80734