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?
  • What happens when CPR 14 does not apply?
  • Withdrawal of pre-action admissions

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?

CPR 14.1A was introduced to cover pre-action admissions made in claims where personal injury, clinical disputes and disease and illness claim pre-action protocols apply. CPR 14.1B was introduced to cover admissions made under the Pre-action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents or the Pre-action Protocol for Low Value Personal Injury (Employers' Liability and Public Liability) Claims. For further information, see Practice Note: Pre-action admissions under CPR 14 in personal injury cases.

What happens when CPR 14 does not apply?

There are no clear guidelines as to when or how pre-action admissions that do not fall within CPR 14 should be made. Based on general legal principles, however, a party should consider making a pre-action admission:

  1. in writing where possible, as written evidence carries more weight than oral evidence

  2. as early as possible to reduce

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