Legal News

Court of Appeal considers the withdrawal of admissions (J v A South Wales local authority)

Published on: 23 July 2021
Published by: LexisPSL
  • Court of Appeal considers the withdrawal of admissions (J v A South Wales local authority)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Dispute Resolution analysis: This case considers the relevant principles when a party applies to withdraw an admission. The claim was brought by a young man as against a local authority in 2012. It was said that in breach of statutory duty and the common law duty of care, the local authority had failed to remove him from the care of his mother in the first month of his life, and place him for adoption. Even before proceedings were issued, the local authority admitted liability, and that admission was maintained within the defence. The claim was stayed until the local authority applied in 2019 to withdraw the admission, on the basis of a change in the law. The Court of Appeal upheld a decision of the High Court dismissing that application and provided practical guidance concerning the withdrawal of admissions made pursuant to CPR 14. Written by Georgia Whiting, barrister, 4 King’s Bench Walk or take a trial to read the full analysis.

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