Whether the defendant had made an admission


One of the issues in this case was whether the defendant had made an admission. CPR r14.1 provides that where a defendant makes an admission, the claimant has a right to enter judgment (and the permission of the court is required to withdraw an admission). The rule does not require an admission to be in any particular form, merely that it be in writing

The defendant had made an open offer which "accepted" the claimant's case for the purposes of the offer. That was not enough to amount to an admission under CPR r14.1, and the offer had made no reference to CPR r14.1 either. Furthermore, for judgment to be entered, the admission has to be clear and unequivocal, and that was not the case here. Accordingly, the claimant was not entitled to enter judgment.