Notices to admit facts
A notice to admit facts is an invitation to another party to admit specific facts or parts of a case, and it can be used as a tactical tool in litigation in England and Wales. This note details what a notice to admit is, how it can be used effectively to save costs and to narrow the issues in a dispute, and how it can place an opponent under pressure by compelling it to clarify its case. It explores the optimal timing for serving a notice, such as after the exchange of statements of case or following disclosure. The guidance also addresses the requirements for responding to a notice served under CPR 32.18 using Form N266, the potential costs penalties for unreasonably refusing to admit facts, and the limitations on the use of any admissions made. For parties who have made an admission in response to a notice to admit, this note outlines the process and considerations for applying to the court to amend or withdraw it, highlighting that such an application is not straightforward.
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