Amendment to the Civil Procedure Rules 19984

In Part 14—

a

for the heading in rule 14.1, substitute “Admissions made after commencement of proceedings”;

b

for rule 14.1(5), substitute “The permission of the court is required to amend or withdraw an admission.”; and

c

after rule 14.1, insert—

Admissions made before commencement of proceedings14.1A

1

A person may, by giving notice in writing, admit the truth of the whole or any part of another party’s case before commencement of proceedings (a ‘pre-action admission’).

2

Paragraphs (3) to (5) of this rule apply to a pre-action admission made in the types of proceedings listed at paragraph 1.1(2) of the Practice Direction to this Part if one of the following conditions is met—

a

it is made after the party making it has received a letter of claim in accordance with the relevant pre-action protocol; or

b

it is made before such letter of claim has been received, but it is stated to be made under Part 14.

3

A person may, by giving notice in writing, withdraw a pre-action admission—

a

before commencement of proceedings, if the person to whom the admission was made agrees;

b

after commencement of proceedings, if all parties to the proceedings consent or with the permission of the court.

4

After commencement of proceedings—

a

any party may apply for judgment on the pre-action admission; and

b

the party who made the pre-action admission may apply to withdraw it.

5

An application to withdraw a pre-action admission or to enter judgment on such an admission—

a

must be made in accordance with Part 23;

b

may be made as a cross-application.