Xl Catlin Insurance Company UK Ltd v Linkham Services Ltd & Ors [2021] EWHC 3551 (Comm) (10 December 2021)

Xl Catlin Insurance Company UK Ltd v Linkham Services Ltd & Ors [2021] EWHC 3551 (Comm) (10 December 2021)

Permission to withdraw admissions was refused because the seventh defendant failed to provide any explanation or new evidence for the original admissions or their withdrawal, contrary to established legal principles requiring such explanation. The prejudice to the claimant could not be adequately compensated by costs alone, and the application was made in the absence of any evidential basis for the proposed amended defence.

Citation
[2021] EWHC 3551 (Comm)
Parties
Claimant: XL Catlin Insurance Company UK Limited; First Defendant: Linkham Services Limited; Second Defendant: Dominic Jirjodhan Persad; Third Defendant: Michael Jon Cranfield; Fourth Defendant: Richard John Gildea; Fifth Defendant: International Medical Rescue Limited; Sixth Defendant: International Travel and Healthcare Limited; Seventh Defendant: Newpoint Capital Limited
Jurisdiction
England and Wales
Judgment Date
10 December 2021
Procedural Posture
Commercial Court Application / Interlocutory Application to Withdraw Admissions and Amend Defence
Outcome
Application dismissed
Legal Topics
Withdrawal of Admissions, Amendment of Pleadings, Knowing Receipt, Proprietary Claims, Equitable Compensation, Summary Assessment of Costs
Civil Procedure Commercial Law Equity and Trusts Withdrawal of Admissions Amendment of Pleadings Knowing Receipt Proprietary Claims Equitable Compensation +1 more

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Parties

XL Catlin Insurance Company UK Limited

Claimant

Linkham Services Limited

First Defendant

Dominic Jirjodhan Persad

Second Defendant

Michael Jon Cranfield

Third Defendant

Richard John Gildea

Fourth Defendant

International Medical Rescue Limited

Fifth Defendant

International Travel and Healthcare Limited

Sixth Defendant

Newpoint Capital Limited

Seventh Defendant

Procedural Posture

Commercial Court Application / Interlocutory Application to Withdraw Admissions and Amend Defence

Legal Issues

  1. 1 Whether the seventh defendant should be permitted to withdraw admissions in its defence and amend its case
  2. 2 Whether the seventh defendant provided sufficient explanation or new evidence to justify withdrawal of admissions
  3. 3 Assessment of prejudice to parties if withdrawal is permitted or refused

Ratio Decidendi

Permission to withdraw admissions was refused because the seventh defendant failed to provide any explanation or new evidence for the original admissions or their withdrawal, contrary to established legal principles requiring such explanation. The prejudice to the claimant could not be adequately compensated by costs alone, and the application was made in the absence of any evidential basis for the proposed amended defence.

Court Disposition

Application dismissed

Orders

  • Seventh defendant to pay claimant's costs of and occasioned by the application on the indemnity basis, to be summarily assessed.