Q&As

What are the consequences (costs and otherwise) of a claimant changing their mind having rejected a defendant’s part admission? What are the practical steps a claimant can take in these circumstances?

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Published on LexisPSL on 12/02/2018

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • What are the consequences (costs and otherwise) of a claimant changing their mind having rejected a defendant’s part admission? What are the practical steps a claimant can take in these circumstances?
  • Admissions
  • Withdrawal of an admission
  • Acceptance of an admission after rejection
  • Costs

What are the consequences (costs and otherwise) of a claimant changing their mind having rejected a defendant’s part admission? What are the practical steps a claimant can take in these circumstances?

In answering this Q&A, we have limited our research to cover admissions following issue of proceedings in a non-personal injury context and proceedings in relation to a money claim. For pre-action admissions, see Practice Note: Admissions—pre-action.

Admissions

CPR 14 sets out the formal procedure for making and withdrawing admissions following issue of proceedings and the consequences of doing so. A party may admit the truth of the whole or any part of another party’s case (CPR 14.1(1)). For more information on admissions, see Practice Note: Admissions. For information on admissions where the only remedy the claimant is seeking is the payment of money, see Practice Note: Admissions in money claims—specified amount under the heading ‘Admitting part of a claim for a specified amount of money under CPR 14.5’.

In the situation that you have described, a defendant has admitted part of a claim. There are three options open to the claimant following a part admission in a money claim.

On receipt of the part admission, the court will serve a notice on the claimant requiring them to return the notice stating that they:

  1. accept the amount admitted in satisfaction of the claim

  2. do not accept the amount admitted

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