Blake v Croasdale & Anor [2017] EWHC 1336 (QB) (19 April 2017)

Blake v Croasdale & Anor [2017] EWHC 1336 (QB) (19 April 2017)

The admission of liability made by Esure was binding and precluded the ex turpi causa defence unless withdrawn. However, given the realistic prospect of success for the ex turpi and contributory negligence defences, the proportionality of Esure's initial approach, the change in the claim's value, and the interests of justice, permission is granted for Esure to withdraw its admission of liability.

Citation
[2017] EWHC 1336
Parties
Claimant: Kieran Blake; First Defendant: Dominic Croasdale; Second Defendant: Esure Insurance Limited
Jurisdiction
England and Wales
Judgment Date
19 April 2017
Procedural Posture
Civil (personal Injury, Road Traffic Accident) / Application to Withdraw Admission Under CPR 14.1 B
Outcome
Application granted
Legal Topics
Withdrawal of Admissions, Ex Turpi Causa Defence, Contributory Negligence, Joint Criminal Enterprise, Road Traffic Accidents
Civil Procedure Personal Injury Insurance Law Withdrawal of Admissions Ex Turpi Causa Defence Contributory Negligence Joint Criminal Enterprise Road Traffic Accidents

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Parties

Kieran Blake

Claimant

Dominic Croasdale

First Defendant

Esure Insurance Limited

Second Defendant

Procedural Posture

Civil (personal Injury, Road Traffic Accident) / Application to Withdraw Admission Under CPR 14.1 B

Legal Issues

  1. 1 Whether the admission of primary liability by Esure is binding under CPR 14.1B
  2. 2 Whether Esure should be permitted to withdraw its admission of liability
  3. 3 Whether the ex turpi causa defence (illegality) is available to Esure

Ratio Decidendi

The admission of liability made by Esure was binding and precluded the ex turpi causa defence unless withdrawn. However, given the realistic prospect of success for the ex turpi and contributory negligence defences, the proportionality of Esure's initial approach, the change in the claim's value, and the interests of justice, permission is granted for Esure to withdraw its admission of liability.

Court Disposition

Application granted

Orders

  • Permission granted for Esure Insurance Limited to withdraw its admission(s) of liability.