HHJ Wood QC, Liverpool CC, 2nd Oct 2020

 

Both parties brought claims in the Portal against one another for the same accident.  The Claimant was driving his employer's vehicle and unknown to him, the insurers admitted liability for the accident in the Portal.  Mr Mullen's Portal claim dropped out, and Part 7 proceedings were issued.  

 

The Defendant relied on the Portal admission in the Part 7 proceedings, and invited the Claimant to discontinue.  However, the Claimant insisted it was not his admission and he was not bound by it.  The Portal was a highly self-contained code and therefore an admission in one claim to which he was not a party could not affect another separate claim.  However, the court disagreed, noting that the Claimant's employer's insurers had admitted that the accident was caused by Mr Mullen's negligence and he was bound by the admission.  

 

The court followed Chimel v Chibwana & Williams.

 

Instructed by Matt Dowrick of Canford Law Solicitors.

​