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10 November 2011 / Maria Kell
Issue: 7489 / Categories: Features , Procedure & practice , Damages
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Slipping up

The slip rule has been subject to repeated misunderstanding, Maria Kell observes its revival

The substance of the slip rule—more prosaically known as CPR 40.12—is simple enough on first reading: “The Court may at any time correct an accidental slip or omission in the judgment or order”.

The commentary in the White Book, however, is more ominous, with the claim that it is “one of the most widely known but misunderstood rules”. There is room for subjectivity and debate in determining the key issues, namely what is an accidental slip and what, by contrast, is a substantive error.

Mr Justice Eder recently gave a robust judgment, in the matter of Riva Bella SA v Tamsen Yachts GmbH [2011] EWHC 2338 (Comm), [2011] All ER (D) 41 (Sep), in which he chose to exercise his discretion in order to meet the interests of justice and accepted an application to amend an order under the slip rule. In doing so, he distinguished the previous authority on this issue—Leo Pharma A/S and another v Sandoz Ltd

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MOVERS & SHAKERS

Church Court Chambers—Maryam Syed KC

Church Court Chambers—Maryam Syed KC

Church Court Chambers welcomes Maryam Syed KC

Devonshires—Sean Garbutt

Devonshires—Sean Garbutt

Devonshires strengthens construction team with appointment of partner Sean Garbutt

Thackray Williams—Alexandra Hubbard

Thackray Williams—Alexandra Hubbard

Thackray Williams strengthens employment team with dual-qualified solicitor

NEWS
Judges and lawyers reviewing the rules of disclosure have ruled out a return to the old system of CPR Part 31, and will consult on proposals to simplify the Practice Direction (PD) 57AD regime by early next year
A consumer organisation has hit back at the Financial Conduct Authority (FCA) for encouraging motor finance compensation claimants to steer clear of law firms and claims management companies
A fast, free and anonymous piece of software has been launched to help law practices comply with their regulatory duty to guard against an increasing onslaught of cyberattacks
A mood of cautious optimism has enveloped the criminal law sector following indications the prime minister may abandon planned jury reforms
The Court of Appeal has held user damages are recoverable in a competition claim, in Meta Platforms Inc and other companies v Gormsen [2026] EWCA Civ 993
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