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Application to resile from a pre-action admission of liability in an assault case. Marcus represented the Claimant.
C sustained soft tissue and psychiatric injuries in an assault by a child at the school where she worked. She went onto develop CRPS.
The Defendant local authority admitted liability at an early stage believing it to be a fast track level claim.
3.25 years later D resiled from its admission and subsequently sought the Court’s permission to do so.
The Court conducted a balancing exercise as required under CPR PD14 § 7.2 and permitted D to resile from its admission, placing most weight on the fact that the value of the claim had increased from a fast track value claim to a claim likely exceeding seven figures. Anoth factor to which the Court gave weight is that C did not keep D informed about the progress of her medical condition over the intervening 3.25 years.
Marcus represented the Claimant.
A copy of the judgment is available here.