Date:   13 April 2007

PRE-ACTION ADMISSION OF LIABILITY

In September 2006 I reported that the issue of withdrawing a pre action admission of liability was likely to be reviewed by the Civil Justice Council, with a view to there being changes made to the Civil Procedure Rules, so as to make it more difficult for Defendants to do so.

The result of the review is SI 2006 3435 Civil Procedure (Amendment Number 3) Rules 2006 which came into force on 6th April 2007. The amendment confirms that Rule 14.1 CPR concerns admissions made after the commencement of proceedings, and that a new Rule 14.1A CPR concerns admissions made before the commencement of proceedings.

The changes relate to the procedure to be adopted in respect to an application for judgment upon, or withdrawal of, a pre action admission of liability.

The new Rule CPR 14.1A provides:

• A party may admit the whole or part of another party’s case before commencement of proceedings, and where it does so, this will be called a “pre action admission”.  

• The framework concerning withdrawal of pre action admissions, applies to any admission made, for instance, after a pre action protocol letter of claim has been received.  

• Such an admission can be withdrawn before the commencement of proceedings if the party to whom it was made agrees, and after commencement of proceedings if all parties to the proceedings consent, or with permission of the Court.  

• Once proceedings are issued, a Claimant can apply for judgment on a pre action admission, and a Defendant may apply to withdraw it. In each case the application will be made pursuant to CPR Part 23.  

• The rule applies to an admission made on or after 6th April 2007.

The new rules do not specify how the Court will exercise its discretion when facing an application from a Claimant or a Defendant under CPR 14.1A. It is likely however that the substantive reasons identified in the case of Braybrook –v- Basildon and Thurrock University NHS Trust (7th October 2004,) and the criteria listed in my previous note remains relevant and valid.

If you would like to discuss this procedural development, or any other civil procedural matters please do contact me collette.bourne@bullerjeffries.com.