Sowerby v Charlton

Sowerby v Charlton

CPR Part 14 does not apply to pre-action admissions of liability. However, given the facts, the defendant had no real prospect of resisting primary liability, and summary judgment on liability was appropriate.

Parties
Claimant/respondent: Jane Sowerby; Defendant/appellant: Elspeth Charlton
Jurisdiction
England and Wales
Judgment Date
21 December 2005
Procedural Posture
Civil Appeal / Appeal From High Court Judgment on Liability and Strike Out Application
Outcome
Appeal dismissed
Legal Topics
Admissions, Summary Judgment, Contributory Negligence, Pre Action Protocols
Civil Procedure Personal Injury Landlord and Tenant Admissions Summary Judgment Contributory Negligence Pre Action Protocols

Case Brief

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Parties

Jane Sowerby

Claimant/respondent

Elspeth Charlton

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment on Liability and Strike Out Application

Legal Issues

  1. 1 Does CPR Part 14 apply to pre-action admissions of liability?
  2. 2 Should summary judgment on liability be entered against the defendant?
  3. 3 Is there any real prospect of the defendant resisting primary liability?

Ratio Decidendi

CPR Part 14 does not apply to pre-action admissions of liability. However, given the facts, the defendant had no real prospect of resisting primary liability, and summary judgment on liability was appropriate.

Court Disposition

Appeal dismissed

Orders

  • Master's order striking out paragraphs of the defence and entering judgment on liability for the claimant stands
  • Issue of contributory negligence to be tried as a preliminary issue