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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

Shakespeare Martineau—David Vaughan

Shakespeare Martineau—David Vaughan

Shakespeare Martineau appoints new London office head as firm continues investment in capital

Browne Jacobson—Kevin Moore

Browne Jacobson—Kevin Moore

Browne Jacobson strengthens All-Island life sciences platform with appointment of leading Galway MedTech lawyer

Clarke Willmott—Latitude Law

Clarke Willmott—Latitude Law

National law firm strengthens commercial offering with acquisition of leading immigration practice

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners
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