header-logo header-logo

Change of heart

20 June 2013 / David Burrows
Issue: 7565 / Categories: Features , Family
printer mail-detail
istock_000000575103small

David Burrows explores the different ways in which a judge’s decision can be reconsidered

There are four main ways in which a judge’s decision can be reconsidered, whether by the judge or on appeal:

  • An appeal in time because the court below was “wrong”.
  • Appeal out of time because of supervening events.
  • A judge can change his mind, which change takes effect if the order is not sealed.
  • An appellate court can, in very narrow circumstances, review its own order.

A variant on the same theme is where there is an agreement, but which has not yet been turned into an order, or a long delay before an order is sought: when can that agreement, or the delay in seeking an order, upset today’s status quo? [In what follows, the Civil Procedure Rules 1998, Pt 52 jurisdiction will be referred to. The parallel Family Procedure Rules 2010, Pt 30 is mostly derived from Pt 52.]

The underlying issue for an appeal is simple: the appellate court (AC), ie Court of Appeal;

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll