When Defendants Admit Liability, then attempts to Withdraw: ‘I meant to press the red button!’

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In personal injury litigation, an early admission of liability can feel like a major relief, especially in very difficult case. For the claimant, it means that the defendant (usually an insurer) accepts responsibility and that the case can proceed to valuing damages rather than fighting over liability.

But what happens when a defendant attempts to withdraw that admission?

This issue arises more than many would expect, particularly where insurers reassess evidence, receive new witness accounts, or realise that an admission was made in error(green button pressed instead of the red one). The Civil Procedure Rules (CPR) does permit a defendant to apply to resile from an admission but only if the Claimant agrees to the resile of admission or with the permission of the court.

1. What Is an Admission of Liability?

An admission is a formal concession that the defendant is at fault for the claimant’s injuries. This can occur at any stage during the early stages of the claim.

Once made, an admission significantly influences the course of the claim. All that is left now is for the Claimant’s medical evidence to be completed, claim to be valued and then negotiate a settlement with the Defendant.

2. Can a Defendant Withdraw an Admission?

CPR 14.1A allows the Claimant to withdraw their admission. However, their withdrawal will only be binding if permission is given by the court or if the Claimant agrees (unlikely).

3. What This Means for Claimants

a. The application can be opposed.

Defendants don’t get automatic permission, unless you agree to the application but why would you do that? A strong response can make all the difference.

b. Evidence of reliance is crucial

Demonstrate how you reasonably relied on the admission – for example, by focusing on medical evidence instead of liability investigations.

c. Delay works against the defendant

If the defendant waits months before sending you that withdrawal email, the court will question why they acted so late.

d. Costs may be awarded

If the application is unjustified and fails, the court may order the defendant to pay the claimant’s legal costs.

4. How the Court Decides: Key Factors

The court exercises a wide discretion and typically considers:

a. Was the admission deliberate or a genuine mistake?

An insurer who hastily admits liability without reviewing evidence is unlikely to find sympathy. However, if the admission was clearly an administrative error, that may carry more weight.

b. Has new evidence emerged?

If new, credible evidence comes to light (CCTV, independent witnesses, or an expert report) the court may view withdrawal as reasonable.

c. What is the stage of proceedings?

If the claimant has proceeded based on the admission (e.g., gathering only quantum evidence), prejudice becomes significant.

d. Would allowing withdrawal cause injustice to the claimant?

If the claimant has reasonably relied on the admission, the court will be slow to permit its withdrawal. The claimant shouldn’t be disadvantaged by the defendant’s change of heart or that mistake of pressing the green button.

e. Overall interests of justice

The court balances fairness to both parties.

5. Why Defendants Try to Withdraw Admissions

Common reasons include:

Discovery of evidence undermining the claimant’s credibility

Realisation that the incident does not meet the threshold for negligence

Incorrect assumptions made during the Portal process

Internal errors by insurers or poorly trained claims handlers

New evidence coming to light

Pressed the green button instead of the red one

Poor internal processes are not a good enough reason.

6. Key Takeaway

While defendants can apply to withdraw admissions, the courts will only allow it where it genuinely serves the interests of justice. An admission of liability isn’t lightly undone, especially where the claimant has reasonably relied on it.

For practitioners, early case management and a robust response (in the form of a witness statement) to any withdrawal applications are essential to ensuring claimants are not disadvantaged by a defendant’s shift in strategy.

We ensure our clients are protected from insurers who try to move the goalposts midway through a claim.

If you have questions about a personal injury claim or a defendant withdrawing an admission, our team is here to help.