Q&As

If in pre-proceedings liability was admitted in full, can a claim be defended based on contributory negligence post issue?

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Published on LexisPSL on 17/05/2016

The following PI & Clinical Negligence Q&A provides comprehensive and up to date legal information covering:

  • If in pre-proceedings liability was admitted in full, can a claim be defended based on contributory negligence post issue?
  • Withdrawing the pre-action admission
  • Upholding the pre-action admission
  • Contributory negligence

If in pre-proceedings liability was admitted in full, can a claim be defended based on contributory negligence post issue?

Withdrawing the pre-action admission

One option available to defend a claim based on contributory negligence having admitted liability in full pre-action is to withdraw the pre-action admission.

Assuming the claim was governed by the personal injury claims pre-action protocol or another of the pre-action protocols listed at CPR PD 14, para 1.1(2), a pre-action admission can be withdrawn before the commencement of proceedings if the person to whom the admission was made agrees. If proceedings have been commenced, the pre-action admission can be withdrawn if all the parties to the proceedings consent or with the permission of the court. Where the parties do not

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