0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Heckman v Hounslow LBC

2 November 2000
The issues

Gale -v- Superdrug – admissions – attempts to resile from admissions

The facts

The Claimant had an RTA in February 1996. The insurer admitted liability in an open letter. The Claimant indicated he would therefore take no further steps on liability. There was an issue as to the tracing of a vehicle involved in the accident. Negotiations ensued but proceedings were issued in February 1999. The admission was relied upon in the Particulars. The Defence denied liability. The Claimant argued that if the brake failure on which the denial was now based had been raised previously the Claimant would have commenced action against MIB in respect of the other un-traced vehicle. He could no longer do so. The Defendant sought to rely upon Gale. (There is no indication as to whether this was a fast track or multi track case).

The decision

Gale did not survive the coming into force of the new rules as the new rules purposes was to make litigation more certain. Rule 14 gave the Court the power to admit a party to withdraw from an admission but the burden rested upon the party applying.

focus on...

Legal updates

Non-payment of insurance premiums during the Coronavirus pandemic

The forced closure of many businesses as a result of the Coronavirus pandemic has had a huge impact on the nation’s Gross Domestic Product (GDP). Recent reports from the Office for National Statistics state that the economy was 25% smaller in April than it was in February this year.

View

Legal updates

Reinstatement for property damage losses – when does it apply?

The Court of Appeal has recently considered the correct test for measuring the indemnity for property damage losses and has provided useful guidance on whether an insured needs to intend to reinstate the property to its pre-loss condition.

View

Legal updates

Coronavirus (COVID-19) insurance considerations

With instances of COVID-19 rapidly increasing throughout the UK, many businesses are considering the options available to limit staff and customer exposure to Coronavirus.

View

Legal updates

Insurance annual review 2019-2020

Welcome to our review of 2019 as we look ahead to what is on the horizon for the insurance sector in 2020.

View

The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

mailing list sign up



Select which mailings you would like to receive from us.

Sign up