NEW RULES AS TO ADMISSIONS: READ THEM HERE: IN FORCE 1st OCTOBER 2023
The Civil Procedure (Amendment No.3) Rules 2023 introduce a “new” Part 14 on admissions. The is not to make any substantial changes but are part of a process of simplifying the rules. So, for instance, the criteria for seeking to…
DEFENDANT REFUSED PERMISSION TO WITHDRAW FROM ADMISSIONS: PRE-INQUEST ADMISSIONS FATAL TO DEFENDANT’S CASE
I am grateful to barrister Jo Moore for drawing my attention to the judgment of Master Sullivan in Somoye v North West Anglia NHS Foundation Trust [2023] EWHC 191 (KB). This is a case where the Master refused the defendant’s…
JUDGMENT ON ADMISSIONS ONLY AVAILABLE WHERE LIABILITY TO PAY DAMAGES IS ADMITTED: INTERIM COSTS ORDERS REQUIRE SCHEDULES TO BE AT COURT: LESSONS FROM THE GRENFELL LITIGATION
In Abdel-Kader & Ors v Royal Borough of Kensington and Chelsea & Ors [2022] EWHC 2006 (QB)Senior Master Fontaine considered the basis for applying for judgment and interim costs. The claimants had not identified the basis upon which judgment was…
VERY LATE APPLICATIONS FOR PERMISSION TO WITHDRAW ADMISSIONS REFUSED: ADMISSIONS MADE IN REPLY REMAINED BINDING
I am grateful to John De Waal QC for pointing out the procedural aspects of the judgment of Mr Justice Edwin Johnson in Valley View Health Centre (a firm) & Ors v NHS Property Services Ltd [2022] EWHC 1393 (Ch)….
CIVIL PROCEDURE BACK TO BASICS 92: RESILING FROM ADMISSIONS – A SUMMARY OF THE LAW
The judgment of Master Stevens in Shah v London Borough of Barnet [2021] EWHC 2631 (QB) provides an essential summary of the rules and case law in relation to resiling from admissions. The decision itself was looked at in an…
DEFENDANT REFUSED PERMISSION TO RESILE FROM ADMISSION: GRANTING THE APPLICATION WOULD “REFLECT BADLY ON THE JUSTICE SYSTEM”
In Shah v London Borough of Barnet [2021] EWHC 2631 (QB) Master Stevens refused the defendant’s application for permission to resile from a pre-action admission. “On the particular facts of this case, I believe it would reflect poorly on the…
DEFENDANT REFUSED PERMISSION TO WITHDRAW FROM AN ADMISSION: COURT OF APPEAL UPHOLDS DECISION OF HIGH COURT JUDGE
In J v A South Wales Local Authority [2021] EWCA Civ 1102 the Court of Appeal upheld an earlier decision refusing a defendant permission to resile from an admission. “There is no doubt that the checklist at paragraph 7.2 is…
DEFENDANTS’ APPLICATION TO RESILE FROM ADMISSIONS REFUSED: NO EVIDENCE THAT DEFENCE WAS NOT CAREFULLY CONSIDERED BY THE LEGAL ADVISERS WITH THE DEFENDANTS
The judgment of Chief Master Marsh in Financial Conduct Authority v Skinner & Ors [2019] EWHC 392 has only recently arrived on BAILLI. It is an example of the court refusing to allow a party to withdraw from admissions. The…
GENERAL RESPONSE IN A REPLY DOES NOT AMOUNT TO AN ADMISSION: HIGH COURT DECISION
In Berkeley Square Holdings Ltd & Ors v Lancer Property Assets Management Ltd & Ors (Claimant amendment application) (Rev 1) [2021] EWHC 750 (Ch) Mr Robin Vos (sitting as a judge of the Chancery Division) rejected an argument that a…
COURT REFUSES CLAIMANT PERMISSION TO WITHDRAW FROM ADMISSIONS: “THE WHOLE POINT OF THINGS BEING ADMITTED IS THAT PARTIES CAN MOVE ON AND NOT BE BOTHERED WITH INVESTIGATING SUCH MATTERS”
In Advinia Care Homes Ltd v (1) BUPA Care Homes Investments (Holdings) Ltd & Ors [2020] EWHC 1563 (Ch) Mr Michael Green QC (sitting as a High Court judge) refused a claimant’s application to withdraw from an admission. “The whole…
CIVIL PROCEDURE BACK TO BASICS 86: PRE-ACTION ADMISSIONS: THE DANGERS OF NOT MAKING THEM AND THE CONSEQUENCES IF YOU DO
The judgment in Greater Manchester Fire and Rescue Service v Veevers [2020] EWHC 2550 (Comm) HHJ Pearce emphasises the point that a party can make a formal pre-action admission. A party who tries an alternative “non-formal” admission may well not get…
JUDGE SHOULD NOT HAVE GRANTED DEFENDANT PERMISSION TO WITHDRAW FROM ADMISSIONS: CHANGE OF LAW DID NOT JUSTIFY CHANGE OF STANCE
In the judgment today in J v A South Wales Local Authority [2020] EWHC 2362 (Admin) Mr Justice Marcus Smith overturned a decision granting a defendant permission to withdraw admissions. “ changes in the law are to be anticipated, particularly…
2019 AND CIVIL PROCEDURE, THE YEAR IN REVIEW (7): WITHDRAWING FROM ADMISSIONS (AND ANOTHER CHANCE TO PAY HOMAGE TO GUIDE DOG RALPH)
There have been relatively few cases about applications to withdraw from admissions this year. Interestingly most of them have been refusing applications to withdraw. However the main point of this post is to pay homage to Guide Dog Ralph, who…
“PLEADINGS ARE NOT A GAME OF LUDO”: TESCO REFUSED PERMISSION TO WITHDRAW ADMISSION
In SL Claimants v Tesco Plc [2019] EWHC 3312 (Ch) Mr Justice Hildyard refused an application by Tesco PLC to withdraw an admission. There is a detailed consideration of the factors to be considered when a party seeks permission to…
CAN YOU ENTER JUDGMENT IN DEFAULT WHEN THE DEFENCE IS SERVED LATE? HIGH COURT DECISION THAT SAYS NOT
In Clements Smith v Berrymans Lace Mawer Service Co. & Anor [2019] EWHC 1904 (QB) Master McCloud considered the issue of whether a judgment entered after a defence had been filed late was a regular judgment. Permission was given to…
CIVIL PROCEDURE BACK TO BASICS 50: THE POSTS SO FAR
The “back to basics” series has been going since April 2018. It has covered a surprising amount of topics. From how to draft an application to “litigation wishful thinking”. Some people have expressed surprise and how “basic” some points are…
RESILING FROM ADMISSIONS – ISN’T THAT EASY : WITH A HOMAGE TO THE WIT AND WISDOM OF RALPH GUIDE DOG (RETIRED)
I got nudged into writing this post on withdrawing from admissions by Ralph Guide Dog, (Retired). So, especially for Ralph – who has always taken a keen interest in all things legal, the latest High Court decision on resiling from…
LATE APPLICATION TO AMEND DEFENCE AND WITHDRAW ADMISSION REFUSED: EVE OF TRIAL APPLICATIONS USUALLY CAUSE PROBLEMS
There is a second reason to look at the judgment today by Mr Justice Arnold in Freshasia Foods Ltd v Lu [2019] EWHC 638 (Ch). There was a decision in the judgment on a late application to amend and withdraw from an admission. …
COSTS IN THE COURT OF PROTECTION: “ARROGANCE” AND “PETULANCE” LEADS TO AN AWARD OF COSTS AGAINST A LOCAL AUTHORITY
In London Borough of Lambeth v MCS & Anor [2018] EWCOP 20 Mr Justice Newton did not follow the normal practice in Court of Protection cases. He ordered costs to be paid against the Local Authority and the Lambeth Commissioning Group….
CIVIL PROCEDURE BACK TO BASICS 12: THE DIFFERENCE BETWEEN A NON-ADMISSION AND A DENIAL
Some defences adopt a scattergun approach of “denying” everything. Some are more selective – they “put the Claimant to strict proof”. Many defences ignore the important distinction between a non-admission and a denial. THE DIFFERENCE IN A NUTSHELL If you…