Can You Have Your Cake and Eat It? - Helen Tinkler, CILEx, CILEx Law School, Bar Standards Board and Whatley Weston & Fox
21/08/14. Following Denton v TH White Ltd; Decadent Vapours Ltd v Bevan; Utilise TDS Ltd v Davies [2014] EWCA Civ 906, litigation life might have seemed momentarily sunlit and calm as we slipped into the summer months but now the heat is up for litigators preparing statements of case. Pervez Akhtar v Jordan Boland (2014) EWCA Civ 872., a small claims matter which found its way to the Court of Appeal, has everything to do with practice and procedure, tactical drafting of statements of case and applications and acting in the client's best interests and far less to do with the merits of the respective parties' cases.
The claim, totalling £6392.80 arose from a road traffic accident. The defendant, in his defence, admitted the sum of £2496 and made a specific averment that the matter should be allocated to the small claims track. This was prior to the threshold being raised to £10,000. Under CPR14.1(1) a party may admit the truth of the whole or any part of another party’s case and may do so by giving notice in writing such as in a statement of case or by letter CPR14.1(2). Where the defendant makes an admission the claimant has a right to enter judgment CPR 14.1(4).
Despite the clear and emphatic wording of the admissions, the claimant sought to argue that...
Image cc David Dixon
![Appeal judge rules that credit hire company has no costs liability following a finding of fundamental dishonesty in personal injury case: RSA v. Fastrack Solutions Limited [2023] 4 WLUK 92 - David Bowden, Erimus Chambers](/content/images/resized/images/stories/carkeys_72_72.jpg)
