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ARTICLE · 28 MAY 2019

Playing The Blame Game: Withdrawing Admissions Of Liability

In particular, it can be a very important tool for limiting claims spend where a claim that is originally presented within the fast track later becomes a larger loss claim once quantum evidence

United KingdomLitigation, Mediation & Arbitration

Withdrawing an admission of liability is not undertaken lightly, but is sometimes necessary.

In particular, it can be a very important tool for limiting claims spend where a claim that is originally presented within the fast track later becomes a larger loss claim once quantum evidence is gathered.

We explore below the judiciary's approach to applications for permission to withdraw admissions in these circumstances, including consideration of the recent appeal decision in The Royal Automobile Club v Catherine Wright [2019] EWHC 913 (QB).

Background

The Civil Procedure Rules ("CPR") and accompanying Practice Direction ("PD") require a defendant to make an application to the court seeking permission to withdraw an admission of liability.

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