A without parties present application was made by the Defendant to have the claim for uninsured losses struck out on the grounds that an admission had earlier been made in the Portal by the Claimant’s insurer in response to a claim brought by the Defendant.

 

The application on paper was successful but was contested immediately on the grounds that the Claimant was not bound by the admission and that in any event could resile from the admission made by his insurer.

 

The Claimant’s insurer had settled the Defendant’s earlier claim and made a payment for vehicle damage and personal injury.

 

The Claimant had then sought to make his own claim.

 

The Defendant sought to rely on the Ullah v Jon judgment in which DJ Parker asserted that, whilst the Claimant in that matter was entitled to withdraw the admission under CPR14.1A(4) or CPR14.1B, she would use her judicial discretion against allowing the admission to be withdrawn.

 

PSL successfully argued that the admission should not be binding on the Claimant. DJ Wood stated in her judgment that any admission made under the RTA Protocol is binding only in relation to the claim within which it was made, and is not an admission on liability in relation to a potential counter claim.

 

DJ Wood granted permission to appeal her judgment. The Defendant has declined the opportunity.

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