Multi-track issues

There is hope for defendants who wish to resile from admissions made in multi-track cases.

I recently had a multi-track case in which the insurers had admitted negligence, made a part 36 offer of 50% contribution and discussed the possibility of paying for an magnetic resonance imaging (MRI) scan and making an interim payment.

It appeared to be a potentially defensible claim and once instructed we entered a defence and refused payment of the MRI scan and any interim payment.

The claimant issued an application for an interim payment under civil procedure rule 25.7 on the basis that there had been an admission and they were likely to succeed at trial.

I opposed on the basis that we had realistic prospects of success and the admission had been withdrawn by the filing of a full defence.

I relied on Gale v Superdrug Stores Plc [1996] 1 WLR 1089, arguing that our change in stance did not prejudice the claimant's claim, whereas an interim payment could prejudice us should we succeed (we wouldn't get it back from the claimant).

The claimant's claim for an interim payment was dismissed with costs against them.

Rachael Simpson, DLA, Leeds