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. …
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…
DEFENDANT GIVEN PERMISSION TO WITHDRAW ADMISSION: CHANGE IN VALUE OF THE CLAIM IS A RELEVANT CRITERIA
An earlier post looked at the decision in Wood -v- Days Health UK Ltd & Others [2016] WHC 1079 (QB) where a defendant was refused permission to withdraw from an admission. That decision was overturned by the Court of Appeal in Wood…
DEFENDANT’S ADMISSION IS BINDING: BUT PERMISSION TO WITHDRAW ADMISSION GRANTED: HIGH COURT DECISION
In Blake -v- Croasdale [2017] EWHC 1336 (QB) His Honour Judge Purle QC (sitting as a Judge of the High Court) decided that an admission made by insurers was a binding admission. However he granted permission to resile from that…
A “DEFENCE STRAIGHT OUT OF THE 1970S”: DEFENDANT’S PLEADINGS 40 YEARS OUT OF DATE
Some defences are inadequate. Some are (rightly) struck out. Some do not recognise the essential difference between a non-admission and a denial. A series of denials is, the case law makes clear, an inappropriate and archaic way of proceeding. “Churchill’s…
APPLICATION TO WITHDRAW ADMISSION REFUSED: SUMMARY JUDGMENT GRANTED
NB – THE JUDGE’S DECISION NOT TO ALLOW THE FIRST DEFENDANT TO WITHDRAW FROM THE ADMISSION WAS SUBSEQUENTLY OVERTURNED ON APPEAL. See the post here. The judgment yesterday in Wood -v- Days Health UK Ltd & Others [2016] WHC 1079…
DEFENDANT NOT ALLOWED TO WITHDRAW FROM ADMISSION AND DEBARRED FROM RELYING ON FURTHER EVIDENCE: PLEADINGS ARE STILL IMPORTANT
In Clark -v- Braintree Clinical Services Limited [2015] EWHC 3181 HH Judge Burrell QC (sitting as a High Court judge) refused a defendant’s application to resile from an admission. He also granted the claimant’s application to debar the defendant from…
AN OFFER IS NOT AN ADMISSION: HIGH COURT REJECTS APPLICATION FOR JUDGMENT ON ADMISSIONS
The previous post looked at the decision Mr Justice Coulson in The Dorchester Group Ltd -v- Kier Construction Limited [2015] EWHC 3051 (TCC) in relation to disclosure. Here we look at the decision in relation to the claimant’s application for…
THAT "PARTIAL" ADMISSION: IT IS STILL BINDING AND YOU MAY NOT BE ALLOWED TO RESILE FROM IT
The judgment of Mr Justice William Davis in Cavell -v- Transport for London [2015] EWCA 2283 (QB) has some important observations in relation to admissions and attempts to resile from admissions. “It cannot be in those interests to permit the…
IT IS NOT THAT EASY TO WITHDRAW AN ADMISSION: McWILLIAM -v- NORTON FINANCE
In McWilliam -v- Norton Finance [2015] EWCA Civ 186 the Court of Appeal made some important observations in relation to admissions and the withdrawal of admissions. THE CASE The claimant was suing the defendant for secret commissions. The defendant argued…
ADMISSION UNDER THE PROTOCOL AND PORTAL MAY NOT BE BINDING IN SUBSEQUENT PROCEEDINGS
Is an admission made by an insurer under the Portal binding on the parties in a future action? In September last year we looked at the case of Ullah -v- Jon where a district judge held that an admission was…