Gale v Superdrug Stores Plc [1996] EWCA Civ 1300 (25 April 1996)

Gale v Superdrug Stores Plc [1996] EWCA Civ 1300 (25 April 1996)

The discretion to allow withdrawal of an admission is a general one requiring the court to balance all the circumstances, including prejudice to both sides. Mere disappointment or delay is not sufficient prejudice unless specific and cogent evidence is provided. In the absence of such evidence, and where the defendant acts in good faith and offers undertakings to mitigate prejudice, the defendant should be allowed to withdraw the admission and defend the claim.

Citation
[1996] EWCA Civ 1300
Parties
Plaintiff/respondent: Kathleen Frances Gale; Defendants/appellants: Superdrug Stores PLC
Jurisdiction
England and Wales
Judgment Date
25 April 1996
Procedural Posture
Personal Injury Action (civil Appeal) / Appeal From County Court Decision to the Court of Appeal
Outcome
Appeal allowed (by majority); orders striking out the defence discharged.
Legal Topics
Withdrawal of Admissions, Abuse of Process, Striking Out Defences, Prejudice in Litigation, Discretion to Amend Pleadings
Civil Procedure Personal Injury Withdrawal of Admissions Abuse of Process Striking Out Defences Prejudice in Litigation Discretion to Amend Pleadings

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Parties

Kathleen Frances Gale

Plaintiff/respondent

Superdrug Stores PLC

Defendants/appellants

Procedural Posture

Personal Injury Action (civil Appeal) / Appeal From County Court Decision to the Court of Appeal

Legal Issues

  1. 1 Whether a defendant may withdraw an admission of liability made before proceedings and subsequently deny liability in a defence
  2. 2 What principles govern the court's discretion to allow withdrawal of admissions and strike out defences as abuse of process
  3. 3 What constitutes sufficient prejudice to the plaintiff to justify refusing withdrawal of an admission

Ratio Decidendi

The discretion to allow withdrawal of an admission is a general one requiring the court to balance all the circumstances, including prejudice to both sides. Mere disappointment or delay is not sufficient prejudice unless specific and cogent evidence is provided. In the absence of such evidence, and where the defendant acts in good faith and offers undertakings to mitigate prejudice, the defendant should be allowed to withdraw the admission and defend the claim.

Court Disposition

Appeal allowed (by majority); orders striking out the defence discharged.

Orders

  • Defendants granted leave to withdraw their admission of liability and defend the claim.
  • Orders for striking out the defence made below are set aside.