Sowerby v Charlton [2005] EWCA Civ 1610 (21 December 2005)
CPR 14.1 does not encompass pre-action admissions; only admissions made after proceedings are commenced can be the basis for judgment under Part 14. However, as the defendant had no real prospect of resisting primary liability, summary judgment was appropriate.
- Citation
- [2005] EWCA Civ 1610
- Parties
- Claimant/respondent: Jane Sowerby; Defendant/appellant: Elspeth Charlton
- Jurisdiction
- England and Wales
- Judgment Date
- 21 December 2005
- Procedural Posture
- Personal Injury Appeal / Appeal From High Court to Court of Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- Admissions Under CPR 14.1, Pre Action Admissions, Summary Judgment, Occupier's Liability, Contributory Negligence
Case Brief
Summary, issues, holding and outcome
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Parties
Jane Sowerby
Claimant/respondent
Elspeth Charlton
Defendant/appellant
Procedural Posture
Personal Injury Appeal / Appeal From High Court to Court of Appeal
Legal Issues
- 1 Does CPR 14.1 apply to pre-action admissions of liability?
- 2 Should summary judgment be entered on primary liability in light of the evidence?
Ratio Decidendi
CPR 14.1 does not encompass pre-action admissions; only admissions made after proceedings are commenced can be the basis for judgment under Part 14. However, as the defendant had no real prospect of resisting primary liability, summary judgment was appropriate.
Court Disposition
Appeal dismissed
Orders
- Master's order striking out paragraphs of the Defence and entering judgment for the claimant on liability upheld
- Issue of contributory negligence to be tried as a preliminary issue
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