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ARTICLE · 06 FEBRUARY 2025

Withdrawal Of Admissions And Abuse Of Process: Key Principles

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In William Andrew Tinkler v Esken Limited and others [2024] EWHC 1490 (Ch), the English High Court provided a useful analysis of the law in relation to: (1) when the court will permit a party to withdraw an admission.

United KingdomLitigation, Mediation & Arbitration
James Popperwell
James Popperwell
Michael Freedman
Michael Freedman
Madeleine Brown
Madeleine Brown

In William Andrew Tinkler v Esken Limited and others [2024] EWHC 1490 (Ch), the English High Court provided a useful analysis of the law in relation to: (1) when the court will permit a party to withdraw an admission; and (2) the willingness of the English court to strike out claims which constitute an abuse of process, particularly where a litigant repeatedly seeks to reopen decided issues.

Background

This long running litigation relates to a boardroom dispute brought by Mr Tinkler regarding his removal as a director of, and dismissal as an employee of, a company for alleged misconduct.

Four previous phases to this litigation are relevant to understanding the issues in the present judgment:

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