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 They were withdrawn before proceedings commenced. The claimant said that they could not be withdrawn.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 Procedure Rules had nothing on which to bite. Accordingly the defendant remained free to withdraw a concession before proceedings were issued.
Judges:
Lord Justice May Lord Justice Brooke Sir Anthony Clarke MR
Citations:
[2005] EWCA Civ 1610, Times 05-Jan-2006, [2006] 1 WLR 586
Links:
Jurisdiction:
England and Wales
Citing:
Approved – Braybrook v The Basildon and Thurrock University NHS Trust 7-Oct-2004
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 . .
Cited by:
Cited – Woodland v Stopford and Others CA 16-Mar-2011
The claimant appealed against a decision allowing a defendant to withdraw an admission of liability. As a child she had got into difficulties during a class swimming lesson, and had ceased to breathe leaving her with catastrophic hypoxic brain . .
Cited – Berg v Blackburn Rovers Football Club and Athletic Plc ChD 29-Apr-2013
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.
Lists of cited by and citing cases may be incomplete.
Personal Injury, Negligence, Civil Procedure Rules
Updated: 04 July 2022; Ref: scu.236615