Practice and procedure

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