Litigation Recent Decisions 24/2/98

Where liability is admitted but quantum is in dispute

Peter Limb (Appellant) v (1) Union Jack Removals (in liquidation) (2) Jack Robert Honess (Respondents): McGivern v Brown: Partington v Turners Bakery: Pyne Edwards v Moore Large & Co: Smith v Brothers of Charity Services: Tomkins v Griffiths (1998)

Court: CA (Brooke LJ, Mummery LJ and Sir John Balcombe) 10/2/98

Summary: CCR order 9 r10 does not apply where the defendant does not admit both liability and the whole of the plaintiff's money claim. Defendants who make no admissions as to quantum must use alternative steps under the rules to end proceedings before trial.