Industrial Maintenance Engineers (IME Contracts) Ltd v Webster Miller Ltd [2026] EWHC 393 (Comm) (09 March 2026)

Industrial Maintenance Engineers (IME Contracts) Ltd v Webster Miller Ltd [2026] EWHC 393 (Comm) (09 March 2026)

The admission of liability made by the insurer's agent on 5 January 2022, pursuant to the conduct of defence clause, was binding on the defendant. The admission was not made on a without prejudice basis and compromised all issues of liability, including contributory negligence. The new version of CPR 14 applied as it was procedural, not substantive. There was no substantive reason or new evidence to justify withdrawal of the admission, and the balance of prejudice and justice favoured the claimant. Summary judgment on liability was therefore granted to the claimant and permission to withdraw the admission was refused.

Citation
[2026] EWHC 393 (Comm)
Parties
Claimant: Industrial Maintenance Engineers (I. M. E Contracts) Limited; Defendant: Webster Miller Limited
Jurisdiction
England and Wales
Judgment Date
09 March 2026
Procedural Posture
Commercial Claim for Damages (property Damage) / Summary Judgment Application and Application to Withdraw Admission
Outcome
Summary judgment on liability granted to the claimant; permission to withdraw the admission refused.
Legal Topics
Summary Judgment, Pre Action Admissions, Authority of Insurer and Agent, Withdrawal of Admissions, Interpretation of Insurance Contracts, Without Prejudice Communications
Commercial Law Insurance Law Civil Procedure Summary Judgment Pre Action Admissions Authority of Insurer and Agent Withdrawal of Admissions Interpretation of Insurance Contracts +1 more

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Parties

Industrial Maintenance Engineers (I. M. E Contracts) Limited

Claimant

Webster Miller Limited

Defendant

Procedural Posture

Commercial Claim for Damages (property Damage) / Summary Judgment Application and Application to Withdraw Admission

Legal Issues

  1. 1 Whether a pre-action admission of liability by insurer's agent binds the insured defendant
  2. 2 Whether the defendant should be permitted to withdraw the admission under CPR 14.1
  3. 3 Interpretation of the conduct of defence clause in the insurance policy

Ratio Decidendi

The admission of liability made by the insurer's agent on 5 January 2022, pursuant to the conduct of defence clause, was binding on the defendant. The admission was not made on a without prejudice basis and compromised all issues of liability, including contributory negligence. The new version of CPR 14 applied as it was procedural, not substantive. There was no substantive reason or new evidence to justify withdrawal of the admission, and the balance of prejudice and justice favoured the claimant. Summary judgment on liability was therefore granted to the claimant and permission to withdraw the admission was refused.

Court Disposition

Summary judgment on liability granted to the claimant; permission to withdraw the admission refused.

Orders

  • Summary judgment on liability in favour of the claimant
  • Permission to withdraw the admission refused