admit an allegation

When preparing court documents such as a defence, defence to counterclaim, or a defence to additional claim (formerly known as a Part 20 Defence), the defendant to the claim may, in relation to each separate allegation of fact:

1. Admit the allegation;
2. Not admit the allegation; or
3. Deny the allegation.

Admissions made in statements of case are binding on the party making them at the trial.

Allegations of fact which are true ought properly be admitted to avoid unnecessary costs and to allow the parties and the court to narrow the issues in litigation to the real issues in dispute between the parties. An admission should also be made where there is reliable evidence that the fact alleged is true (for instance, the Register of Companies shows that a company alleged to be formed in England was incorporated in England).

Admissions are also properly made when it would serve no purpose to refuse to admit or deny the allegation, or to not do so would unnecessarily increase costs or waste time.

This is not to say that an allegation of fact in particulars of claim should be admitted. The defendant may, in appropriate circumstances, admit only part of the allegation. For instance, the allegation may be read in several different ways. In such circumstances, a limited admission accompanied by an express denial or non-admission is likely to be the proper course.

Usage: The defendant decided to admit the allegation in the particulars of claim.

Related Words: not admit an allegation; deny an allegation; statement of case; pleadings; litigation; further or in the alternative; as alleged or at all; in the premises; particulars of claim; defence: litigation; reply to defence; counterclaim; additional claim; request for further information and clarification.