Resiling from admission

Marks & Spencer v Castle [2011] EWHC 3195 (QB), [2011] All ER (D) 96 (Nov); 14 November 2011

The claimant claimed for personal injuries and for financial loss consequent on his slipping and falling on a tag at the defendant’s store and the defendant’s solicitors wrote a letter admitting liability. The claimant served an interim schedule of damages and then a further schedule indicating some £57,000 claimed and two interim payments were made in the sum of £1,000 and £2,000 respectively. A claim form was issued and the particulars of claim relied upon the admission of liability in the defendant’s letter. After the claimant made an application seeking a further interim payment of £6,000 a defence was served in which the defendant denied liability and stated that it would be seeking permission to resile from the admission.