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02 December 2010
Issue: 7444 / Categories: Case law , Law digest
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Practice and procedure

SAS institute Inc v World Programming Ltd [2010] EWHC 3012 (Ch), [2010] All ER (D) 243 (Nov)

It was established law that CPR 3.1(7) conferred on the courts a general power to vary or revoke their own orders. The circumstances in which that power might be used was where an applicant had to show some material change of circumstance or that the judge who had made the earlier order had been misled in some way, whether innocently or otherwise as to the correct factual position before him. If all that was sought was a reconsideration of the order on the basis of the same material, then that could only be done in the context of an appeal. There was scant authority upon CPR 3.1(7) but such as existed was unanimous in holding that it could not constitute power in a judge to hear an appeal from himself in respect of a final order.

AB and others v Ministry of Defence [2010] EWCA Civ 1317, [2010] All ER (D) 252 (Nov)

The power under CPR

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MOVERS & SHAKERS

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

NEWS
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Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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