PI & Clinical Negligence analysis: This judgment is on the defendant’s application to withdraw a pre-action admission of liability in a fatal accidents claim. The court refused to exercise its discretion and give permission to the defendant to withdraw the admission of liability that was based on written evidence prepared by the expert instructed by the Coroner. This expert subsequently clarified his view during the Inquest into the deceased’s death. In considering the defendant’s application, the court had regard to factors detailed in CPR PD 14, para 7.2. Written by Sanja Strkljevic, partner at Leigh Day.

ARCHIVED: This archived Practice Note is being retained for historical interest and to assist practitioners dealing with cases where the old provisions apply. The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) made significant changes to the regime which governs the making of a defendants' costs order (DCO) under the Prosecution of Offences Act 1985 (POA 1985), applicable to all proceedings on or after the 1st October 2012. See Practice Note: Recovering acquitted defendants' costs in criminal proceedings. The procedure for awarding costs in respect of proceedings commenced prior to the 1st October 2012 continues to be governed by the provisions of the POA 1985 before amendment by LAPSO 2012. These provisions are explained below. Under the Prosecution of Offences Act 1985, Pt II (POA 1985), acquitted defendants who have privately funded their litigation may obtain their costs out of central funds (this also applies to private prosecutors). A defence costs order (DCO) is an order for the payment out of central funds

Note, this Precedent is a defendant Part 36 offer letter. It does not cover CPR 36 provisions that relate specifically to fixed costs cases. For information on Part 36 offers in fixed costs cases, see Practice Note: Fixed costs in PI claims—consequential amendments to Part 36 offers to settle. Dear [insert organisation name] PART 36 OFFER—WITHOUT PREJUDICE SAVE AS TO COSTS We are instructed to put forward an offer which is made pursuant to Part 36 of the Civil Procedure Rules 1998 as follows: [ Lump sum only The defendant offers

[ON YOUR FIRM’S LETTERHEAD] [Insert name and address of the claimant’s solicitors, including any reference number/name of the responsible lawyer if given in the letter of claim] [Insert date] [Insert your reference] Dear

[ON YOUR LETTERHEAD] [Name and address of claimant’s solicitor] Dear [Insert contact name] [Insert subject of letter] [We act for [client]. We have been provided with a copy of your letter dated [insert date][

Dispute Resolution analysis: Lord Justice Henderson has clarified the meaning of the wording included in CPR 16.5(1) which sets out that the defendant must state in his defence—‘(a) which of the allegations in the particulars of claim he denies, (b) which allegations he is unable to admit or deny, but which he requires the claimant to prove, and (c) which allegations he admits.’ The question of principle which arose on this appeal was whether paragraph (1)(b) requires a defendant to make reasonable enquires of third parties before it can be said that he is ‘unable’ to admit or deny a particular allegation? The Court of Appeal held that there was no general obligation to make reasonable enquiries of third parties at such an early stage of the litigation. To impose such an obligation would be contrary to encouraging the parties to get on with the action in a proportionate and cost-effective manner. Written by Natalie Todd, senior associate at PCB Litigation LLP.

[ON YOUR FIRM’S LETTERHEAD] [Insert name and address of the claimant’s solicitors, including any reference number/name of the responsible lawyer if given in the letter of claim] [Insert date] [Insert your reference] Dear [insert organisation name] [Insert heading] We write in response to your letter of claim dated [insert date] [and following our letter acknowledgement dated [insert date]]. [We act on behalf of [insert name of client].] This letter constitutes our client’s formal letter of response pursuant to paragraph 6(b) of the Practice Direction Pre-Action Conduct and Protocols (the Practice Direction). [ Notifications [We confirm that our client has provided a copy of your letter of claim to its insurers.] ] [ Our client’s requests for information and documents [We wish to make clear at the outset that our client is unable to fully respond and/or comment on a number of the issues you have raised without the information requested below and/or prior to having sight of the following documents which you have not provided contrary paragraph 6(c) to the Practice Direction: [insert details of any information and/or documents you consider it sensible to request at this

This Practice Note provides information on the procedure for defending divorce proceedings where the application was issued before 6 April 2022. It explains the time limits for filing an acknowledgment of service and an answer. It sets out the rules concerning service and the requirements relating to requests for further information, disclosure and inspection. It explains the process for case management hearings, rules relating to evidence and the procedure for a final hearing. The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) came into force on 6 April 2022. Proceedings issued by the court on or after 6 April 2022 are subject to the provisions of DDSA 2020 and the changes to procedure under the amended Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. For further information, see Practice Notes: Introduction to the Divorce, Dissolution and Separation Act 2020 and Disputed divorce, dissolution  and separation proceedings (post-DDSA 2020). Proceedings issued by the court on or before 5 April 2022 continue to progress under the pre-DDSA 2020 law, whether submitted on the digital system or via paper

Note that the Divorce, Dissolution and Separation Act 2020 (DDSA 2020) came into force on 6 April 2022. Proceedings issued by the court on or after 6 April 2022 are subject to the provisions of DDSA 2020 and the changes to procedure under the amended Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. For further information, see Practice Note: Introduction to the Divorce, Dissolution and Separation Act 2020. Proceedings issued by the court on or before 5 April 2022 continue to progress under the pre-DDSA 2020 law. Such applications will not be impacted by the coming into force of DDSA 2020, nor the consequential changes to procedure. This document covers the position for proceedings issued prior to 6 April 2022. Legislative changes have been made as a consequence of DDSA 2020, including to FPR 2010, Pt 7. To view a historic version of FPR 2010, Pt 7, and FPR 2010, Practice Direction 7A as applicable to proceedings issued prior to 6 April 2022, see below: Acknowledgment of service FPR 2010, 7.12(1), provides that the respondent

This Practice Note provides information on the procedure for defending nullity proceedings where the application was issued before 6 April 2022. It explains when an answer must be filed, who can file one, and drafting tips. The rules concerning service and applications for medical examinations are set out, as are the requirements relating to requests for further information. It explains the process for case management hearings and final hearings. On 6 April 2022 the provisions of the Divorce, Dissolution and Separation Act 2020 (DDSA 2020), came into effect. Although DDSA 2020 did not make substantive changes to the law regarding nullity proceedings, there were some consequential changes to the procedure under the amended Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 affecting applications for nullity and nullity of marriage orders that are issued on or after 6 April 2022. The changes relate primarily to changes to terminology, updated forms and changes to provisions regarding service. For details of the procedure for proceedings issued on or after 6 April 2022 see Practice Note:Disputed nullity proceedings (post-DDSA

The person against whom a civil court action is raised.

Defending a claim for judicial review—checklist sets out the key considerations for defendants in judicial review challenges generally. This Checklist is intended to provide supplementary information where proceedings are to be brought in the Upper Tribunal (UT). On receipt of a pre-action protocol letter • Ensure that the proposed claim is within the jurisdiction of the UT. If you consider that the matter is not within the UT's jurisdiction, the proposed claimant should be informed in the pre-action response. • Having regard to whether the case is properly defensible and whether it is cost effective to defend, a response will need to be provided within 14 days (unless the proposed claimant has properly requested a response within a shorter timeframe). • Check which documents and information are requested in the pre-action letter itself and remember the duty of candour in responding to any request. On receipt of the claim form • Check whether the claim has been issued in the High Court or the UT. • Consider whether the