Notice to admit facts

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

  • Notice to admit facts
  • What is a notice to admit facts?
  • When might a notice to admit be useful?
  • Time limits in serving a notice to admit
  • Responding to a notice to admit

Notice to admit facts

What is a notice to admit facts?

Put simply a notice requests the other side to admit facts in the case. The aim of such a notice is to save time, and importantly, costs, because a party will not need not go to the expense of proving uncontroversial detail. It can also be a useful strategic tool. The notice is set out in a form in which a party gives notice to another party in proceedings that it is being requested to:

  1. admit identified facts in the claim and

  2. agree how the admitted facts will be treated

The notice must be set out in the form set out in Form N266.

The party responding to the notice to admit facts must identify which of the facts are admitted and which are not.

Notices to admit can be used successfully in general civil litigation and personal injury cases to reduce the facts which need to be proved at trial and consequently reducing the costs incurred particularly if served early in the case. In Henry, it was recognised the costs savings that such notices could bring although the procedure should not be abused by issuing notices to admit facts which are likely to be disputed.

When might a notice to admit be useful?

In theory, all facts set out in a statement of case must be proved at

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