Dismissal of application to resile from a pre-action admission leads to judgment (Shah v Barnet London Borough Council)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Case details

Article summary

PI & Clinical Negligence analysis: Master Stevens refused permission for the defendant in a personal injury claim to resile from a pre-action admission of liability. The defendant argued that new evidence concerning the accident locus had come to light, and the admission had been made on a mistaken basis. The judge held that it would reflect poorly on the justice system to allow the defendant a ‘last bite on the cherry’ in respect of admitted liability when so many experienced claims handlers had reviewed the matter over a considerable period of time. Written by David Juckes, barrister at Hailsham Chambers.