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ARTICLE · 08 JANUARY 2018

When Is An Admission Not An Admission?

Clyde & Co
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We have recently concluded the successful strike out of a high value personal injury claim advanced after a previous Portal admission by the Claimant's insurer.

United KingdomLitigation, Mediation & Arbitration
Gemma Quinn
Gemma Quinn
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Case alert - Mr Thomas Church v WCF Limited & Mr Eric Marsh [2017] High Court (Manchester) 28/11/17

High Court finds that an admission is always an admission when it relates to the same accident

We have recently concluded the successful strike out of a high value personal injury claim advanced after a previous Portal admission by the Claimant's insurer. The public policy reasons for ensuring the integrity of the Portal system were paramount, irrespective of the severity of the proposed claim.

Background

The Claimant was involved in a serious road traffic accident in January 2013. After losing control of his vehicle, the Claimant was left lying in the carriageway. Mr Marsh, driving a HGV as part of his employment with WCF Limited, collided with the Claimant's vehicle and then the Claimant.

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