DEFENDANT GIVEN PERMISSION TO WITHDRAW FROM ADMISSION MADE IN THE PORTAL: ON CONDITION THAT INTERIM PAYMENTS WOULD NOT BE REPAID
I am grateful to solicitor Stratos Gatzouris from DWF law for sending me a copy of the judgment of HHJ Catherine Brown in the case of Jerrom -v- Serco Leisure Operating Ltd (Canterbury County Court 12th February 2023). It is an…
COURT OF APPEAL UPHOLDS REFUSAL TO ALLOW DEFENDANTS TO WITHDRAW FROM ADMISSIONS: “THE STATEMENT OF TRUTH IS NO EMPTY FORMALITY”
In Clarkson v Future Resources FZE & Ors [2022] EWCA Civ 230 the Court of Appeal upheld a judge’s decision not to allow the defendants permission to withdraw an admission. It is an important reminder of the quality of the…
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…
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…
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…
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