Accuracy is essential over all accident facts

The claimant was a local authority employee who was assisting a teacher in a swimming pool session in May 1998 when she injured her back. Three documented versions of the accident exist: the first accident report form, completed by the claimant and countersigned by the headmistress; the second report of an injury or dangerous occurrence, completed by the headmistress; the letter of claim.

A meeting was held in October 2000 at which the claimant, her witness, the headmistress and the insurers were present. Following this meeting an admission of liability was made on the basis that the correct version of events was set out in the second report.

The defendant subsequently obtained a statement from the headmistress, which gave a different interpretation to the facts set out in the second accident report. The defendant applied to withdraw its admission. The judge at first instance refused the application.

The defendant appealed. Applying the test set out in Civil Procedure Rules, the court held: the defendant had a realistic prospect of successfully defending the action; the application was made in good faith; and the prejudice to the claimant of allowing the defendant to withdraw the admission was outweighed by the injustice that would result to the defendant in not being able to defend the action.

COMMENT: The case highlights the importance of a detailed, accurate and contemporaneous accident report to be completed by the insured, and the need for a detailed investigation by insurers into the facts before a decision on liability is made. - Vicky McCarthy, BLM Manchester.