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England and Wales High Court (Queen's Bench Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales High Court (Queen's Bench Division) Decisions >> Dar v Vonsak & Anor [2012] EWHC 3632 (QB) (17 December 2012) URL: https://www.bailii.org/ew/cases/EWHC/QB/2012/3632.html Cite as: [2012] EWHC 3632 (QB) |
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QUEEN'S BENCH DIVISION
ON APPEAL FROM THE CENTRAL LONDON COUNTY COURT
HER HONOUR JUDGE FABER
Strand, London, WC2A 2LL |
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B e f o r e :
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SHAHID DAR |
Claimant/ Respondent |
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- and - |
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M VONSAK GATEWAY INSURANCE |
First Defendant Second Defendant/ Appellant |
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Marcus Grant (instructed by Hill Dickinson) for the Second Defendant/Appellant
Hearing date: 23 November 2012
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Crown Copyright ©
Mr Justice Eady :
(a) the grounds upon which the applicant seeks to withdraw the admission including whether or not new evidence has come to light which was not available at the time the admission was made;(b) the conduct of the parties, including any conduct which led the party making the admission to do so;
(c) the prejudice that may be caused to any person if the admission is withdrawn;
(d) the prejudice that may be caused to any person if the application is refused;
(e) the stage in the proceedings at which the application to withdraw is made, in particular in relation to the date or period fixed for trial;
(f) the prospects of success (if the admission is withdrawn) of the claim or part of the claim in relation to which the offer was made; and
(g) the interests of the administration of justice.
"Where a party has disclosed an expert's report, any party may use that expert's report as evidence at the trial."
In the light of this, it appears that it is not necessary for a party to seek permission to rely upon such a report, when disclosed by another party, even though the court has not given anyone specific permission to do so: see e.g. Gurney Consulting Engineers v Gleeds Health and Safety Ltd [2006] EWHC 43 (TCC).