Admissions—pre-action

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Admissions—pre-action
  • Categories of pre-action admissions
  • When does CPR 14 apply to pre-action admissions?
  • What happens if the pre-action admission is made in relation to other claims?
  • Withdrawal of pre-action admissions

Admissions—pre-action

This Practice Note deals with admissions prior to the issue of the claim form. For information on admissions after issue of the claim, see Practice Note: Admissions.

Categories of pre-action admissions

Pre-action admissions fall into two categories:

  1. admissions made in proceedings where CPR 14 applies

  2. admissions made in all other claims where there are no applicable CPR provisions

When does CPR 14 apply to pre-action admissions?

Following the decisions Sowerby v Charlton and Stoke on Trent v Walley, which held that CPR 14 did not extend to pre-action admissions, CPR 14.1A and CPR 14.1B were introduced.

Pursuant to CPR PD 14, para 1.1(2), CPR 14.1A(3)–(5) only apply to pre-action admissions made in respect of claims made pursuant to the: i) Pre-Action Protocol for Personal Injury Claims; ii) Pre-Action Protocol for the Resolution of Clinical Disputes; or iii) the Pre-Action Protocol for Disease and Illness Claims.

CPR 14.1B is stated to apply to the: i) Pre-action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents; ii) Pre-action Protocol for Low Value Personal Injury (Employers' Liability and Public Liability) Claims; or iii) the Pre-Action Protocol for Personal Injury Claims below the Small Claims Limit in Road Traffic Accidents. For further information, see Practice Note: Pre-action admissions under CPR 14 in personal injury cases.

What happens if the pre-action admission is made in relation to other claims?

There are no clear guidelines as to

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