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Key Point

Portal admissions were not binding outside that claim

Malak v Nasim

DJ Woods, Watford CC, December 2014


Here the issue was whether the claimant was bound by an admission which his insurers had made in the Portal on an entirely separate claim.   The court found they were bound only within those same proceedings, not otherwise, rejecting the finding of Ullah v Jon.


Please note that after this case was decided, the issue of whether Ullah v Jon or Malak v Nasim was correct was determined in the appeal of Chimel v Chibwana & Williams.  The appellate court decided that Malak was wrongly decided.


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