header-logo header-logo

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

Change of heart

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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
back-to-top-scroll