Withdrawing Admissions In Court Proceedings

It is possible for errors to be made within a case. This is increased when acting as a Litigant in Person or when dealing with a particularly complex set of facts or area of law. These errors can be significantly detrimental to a case and for this reason, it is always encouraged to double check everything in order to minimise and eliminate errors. Despite this, errors do happen and in such cases there may be a need to amend and undo that error. A party may also wish to amend their case when new evidence comes to light which reveals new facts or evidence that can be used advantageously to them.

To amend their case, the party must make an application to the Court. This may then be agreed between the parties prior to a hearing or be left for the Court’s decision. The opposing party will be mindful of the applications prospects of success and costs when considering such an application, as it may be in that party’s best interest to agree with the amendment.

Advinia Care Homes Ltd v BUPA Care Homes Investments (Holdings) Ltd and other companies

In the recent case of Advinia Care Homes Ltd v BUPA Care Homes Investments (Holdings) Ltd and other companies, the Claimant made an application to withdraw certain admissions made within their reply. Instead they sought to use the Defendant’s own admission of this fact so the burden of proof could be reversed. It was noted this particular admission was difficult to evidence and therefore reversing the burden of proof saved them the onerous task.

This application was put before the Judge but refused on the basis that it was too close to the trial and would result in the upcoming trial having to be vacated. The Judge also commented on how that party had already relied on that admission as part of their case and to reverse that would have a significant impact on the trial directions. It was also noted that the point of an admission is to save time and remove the need for investigating and disputing a particular fact.

Comment

The impact of this case confirms that to withdraw an admission, or other pleading, it will require the Court’s permission. The Court will need to consider the reliance on that pleading and the impact of its withdrawal. It is expected the longer the pleading has formed part of the case and the nearer the case is to trial, the more difficult it will be to have its removal approved.