COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM STOKE ON TRENT COUNTY COURT
His Honour Judge Rubery
4SQ04565
Strand, London, WC2A 2LL |
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B e f o r e :
(Vice-President, Court of Appeal, Civil Division)
LADY JUSTICE SMITH
and
LORD JUSTICE WALL
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Stoke on Trent City Council |
Appellant |
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John Walley |
Respondent |
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Mr Andrew Hogarth QC and Anthony Johnston (instructed by Messrs Beswicks) for the Respondent
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Crown Copyright ©
Lady Justice Smith :
Introduction
The Facts
The Proceedings
The Deputy District Judge's Decision
"Where admissions of fact or of part of a case are made by a party to a cause or matter either by his pleadings or otherwise, any other party to the cause or matter may apply to the court for such judgment or order as upon those admissions he may be entitled to, without waiting for the determination of any other question between the parties and the court may give such judgment, or make such order on the application as it thinks just."
"Where liability is admitted, the presumption is that the defendant will be bound by this admission for all claims with a total of up to £15,000."
The Decision of the Circuit Judge
Sowerby v Charlton
The Appeal to the this Court
Lord Justice Wall :
Lord Justice Brooke :