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Withdrawing the pre-action admission

One option available to defend a claim based on contributory negligence having admitted liability in full pre-action is to withdraw the pre-action admission.

Assuming the claim was governed by the personal injury claims pre-action protocol or another of the pre-action protocols listed at CPR PD 14, para 1.1(2), a pre-action admission can be withdrawn before the commencement of proceedings if the person to whom the admission was made agrees. If proceedings have been commenced, the pre-action admission can be withdrawn if all the parties to the proceedings consent or with the permission of the court. Where the parties do not consent, the party who made the pre-action admission may apply to withdraw it under CPR 14.1A(4)(b).