In this claim in respect of the death of Dr Oluyinka O Somoye on 7 March 2018, the claimant applies for judgment to be entered based on a pre-action admission of liability made by the defendant on 24 March 2020 and re-iterated as a full admission of liability by letter dated 20 April 2021. The defendant applies to withdraw that admission. It is agreed that if I do not give permission to withdraw the admission, it follows that judgment should be entered so the issue I have to decide is whether to give permission pursuant to CPR14.1A(4) and PD 14 paragraph 7. [1]
In my judgment, weighing the different factors in the balance and taking account of the circumstance of the case, the defendant should be held to their admission and I do not give permission for it to be withdrawn. Whilst the fact that the defendant at this stage has a realistic defence is a strong factor in favour of giving permission it seems to me to be outweighed by the conduct and prejudice issues discussed above. [60]
In the circumstances I will refuse permission to withdraw the admission and give judgment for the claimant for damages to be assessed. [61]
medicalnegligencenow.com 