Jurisdiction(s):
United Kingdom

Pre-action admissions under CPR 14.1A: high bar to resiling; refusal leads to judgment; guidance on PD 14 para 7.2 in Shah v Barnet LBC (England and Wales)

Published on: 11 January 2022

Published by a LexisNexis PI & Clinical Negligence expert

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Article summary

Shah v Barnet London Borough Council [2021] EWHC 2631 (QB) What are the practical implications of this case?

Master Stevens’ judgment provides a clear demonstration of the considerations a court will apply when a defendant seeks to resile from a pre-action admission under CPR 14.1A. Its significance is not confined to personal injury claims. The Master’s thorough survey of the authorities and careful weighing of the factors in CPR PD 14, para 7.2 equips both claimants and defendants to assess the strengths of making or opposing such applications. The decision emphasises that a defendant must come armed with precise, persuasive reasons both for having made the admission and for wishing to withdraw it. The threshold for undoing a pre-action admission is high. Claimants will be reassured by the judge’s concern that attempting to resile after substantial investigation of quantum has been undertaken may jeopardise the proper administration of justice.

What was the background?

The claimant suffered serious injuries in August 2018 when he tripped and fell on an uneven pavement maintained by the defendant. He sent a letter of claim in November 2018 enclosing photographs of the locus and describing his injuries. The defendant held a site...

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