CPR 14—permission to withdraw an admission (Sabbagh v Khoury)

PDF CA 1306 – Georgia Whiting

This case addressed the scope of CPR 14.1(1) in terms of what will amount to an admission for the purposes of the same. It also confirms the variety of forms in which such an admission can be said to have arisen pursuant to CPR 14. An analysis was also undertaken in respect of the checklist and relevance of considerations when a party, having made an admission, seeks permission to withdraw the same. Further, the defendant’s application for a strike out of a purported withdrawal of a concession made orally was unsuccessful, primarily on the basis that the claimant would suffer significant
prejudice were the application to succeed, but the defendants would not if the application failed.

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This article was first published by Lexis®PSL on 22/11/2019

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