Kerry Underwood

NOTICE TO ADMIT FACTS AND FIXED COSTS

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All of these matters are dealt with in my new book – Personal Injury Small Claims, Portals and Fixed Costs, running to three volumes and 1,300 pages and costing £80.00 and available from me here or Amazon here.

In a Fixed Costs world the less work done the better, and so some neglected tactical tools will gain a new lease of life.

One of those is the Notice to Admit Facts, on prescribed Form N 266, which gives notice to another party in the proceedings that it is being required to:

– admit identified facts in the claim; and

– agree how the admitted facts will be treated.

The party responding to the notice must state which facts are admitted and which are not.

Thus the facts which need to be proved at trial can be reduced, thus cutting time and costs, which is essential in the new Intermediate Track.

Any Notice to Admit must be served no later than 21 days before trial – CPR 32.18(2).

There is no time limit for responding.

More than one Notice to Admit may be served.

Where there are multiple parties, there is no need to serve them simultaneously – MMR and MR Vaccine Litigation (No 5), Sayers v Smithkline Beecham Ltd [2002] EWHC 1280 (QB).

Responding

Failure to respond or an unreasonable failure to admit a fact can lead to costs consequences. In the Intermediate Track unreasonable behaviour can lead to a fixed uplift on fixed costs of 30% or 40%.

Admissions can be made by completing the bottom section of Form N 266 or by service of a respondent’s own Form N 266.

Facts are admitted for the purpose of the claim only and on the basis that the admitted fact /admission will not be used on any other occasion or by any other person- CPR 32.18(3).

The court may allow a party to amend or withdraw an admission on such terms as it thinks just- CPR 32.18(4).

In Practice

When drafting the Statement of Case, limited to 10 pages in Intermediate Track cases, consider all facts that may be capable of admission and serve a Notice to Admit.

Total witness statements for each party are limited to 30 pages in the Intermediate Track, so Notices to Admit may help cut down the length of the statements.

Admissions may also reduce the number of witnesses attending trial, and thus cut the trial length.

This could result in a claim moving down a Complexity Band and thus lessening costs. That benefits the ultimate paying party but reduces the risk for both parties and means that the fee, whether from the other side or one’s own client, will be earned for less work.

A further review should be undertaken once witness statements are exchanged and again once the matter is nearing trial, and the whole issue should be kept under constant review.

With Fixed Costs less work equals more profit, a reversal of the hourly rate system, so the more that is agreed, the better for both sets of lawyers and their clients.

 

Also see:

FIXED COSTS REPORT OVERVIEW : POST 1

FIXED COSTS AND PART 36: POST 3

FIXED COSTS: THE FAST TRACK FIGURES: POST 4

JUDICIAL REVIEW AND FIXED COSTS: POST 5

CLINICAL NEGLIGENCE AND FIXED COSTS: POST 6

THE NEW FIXED COSTS REGIME: POST 7

FIXED COSTS EXTENSION: WHAT TO DO NOW

APPLICATIONS, INJUNCTIONS, NON-MONETARY RELIEF AND FIXED COSTS

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Written by kerryunderwood

October 27, 2017 at 8:23 am

Posted in Uncategorized

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