Blake v Croasdale & Anor
The admission of liability by Esure was binding and precluded the ex turpi causa defence unless withdrawn. However, given the realistic prospect of success of the ex turpi defence, the proportionality of the case, the conduct of the parties, and the interests of justice, permission to withdraw the admission was granted under CPR 14.1B.
- 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 / Application to Withdraw Admission Under CPR 14.1 B
- Outcome
- Application granted
- Legal Topics
- Withdrawal of Admissions, Ex Turpi Causa Defence, Contributory Negligence, Road Traffic Accidents
Case Brief
Summary, issues, holding and outcome
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Parties
Kieran Blake
Claimant
Dominic Croasdale
First Defendant
Esure Insurance Limited
Second Defendant
Procedural Posture
Civil / Application to Withdraw Admission Under CPR 14.1 B
Legal Issues
- 1 Whether the admission of primary liability by Esure is binding and precludes the ex turpi causa defence
- 2 Whether Esure should be permitted to withdraw its admission of liability under CPR 14.1B
Ratio Decidendi
The admission of liability by Esure was binding and precluded the ex turpi causa defence unless withdrawn. However, given the realistic prospect of success of the ex turpi defence, the proportionality of the case, the conduct of the parties, and the interests of justice, permission to withdraw the admission was granted under CPR 14.1B.
Court Disposition
Application granted
Orders
- Permission granted to Esure Insurance Limited to withdraw its admission(s) of liability.
Full Case Text
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