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 injury. There had been confusion about the involvement of the Swimming Teachers’ Association. The claimant said that there had been no new evidence to justify the court allowing the withdrawal.
Held: The appeal failed. The judge had impeccably applied the law, and carefully exercised his discretion. He was entitled to the conclusion he had reached, and the court could not disturb it.
Ward, Arden, Moore-Bick LJJ
[2011] EWCA Civ 266, [2011] Med LR 237
Bailii
Civil Procedure Rules 14.1A(2)
England and Wales
Citing:
Cited – Sowerby v Charlton CA 21-Dec-2005
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 They were withdrawn before proceedings commenced. The claimant said that they could not be withdrawn.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 – Stoke on Trent City Council v Walley CA 31-Jul-2006
Does the court have jurisdiction to enter judgment for a claimant in reliance on an admission made by a defendant before the commencement of the action, which the defendant has subsequently withdrawn. . .
Cited – American Reliable Insurance Company and others v Willis Ltd ComC 24-Oct-2008
The court considered an application by a party to be allowed to withdraw an admission made before commencement of proceedings. The defendant sought to withdraw admissions in their original defence which had been made because it was thought not to be . .
Cited by:
Cited – Dar v Vonsak and Another QBD 17-Dec-2012
The second defendant insurers appealed against a refusal by the court to allow it to withdraw an admission of liability in respect of a road traffic accident. The insurer said that the fact that it now saw the accident as fraudulent was an . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Litigation Practice, Negligence, Civil Procedure Rules
Updated: 10 November 2021; Ref: scu.430608