Appeals—re-opening a final determination
Appeals—re-opening a final determination

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Appeals—re-opening a final determination
  • Coronavirus—implications for appeals
  • Basis of the right to re-open a final determination of an appeal
  • Pre-October 2012 provisions governing reopened appeals
  • Principles to be applied when considering an application to re-open a final determination
  • Application of these principles to permission to appeal applications
  • Identifying the ‘real injustice’
  • Availability of an alternative remedy
  • Where the judge has misunderstood the issues
  • Where the decision of the court was wrong
  • More...

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. The key implications for civil appeals are set out below. For general guidance on the implications of the pandemic for dispute resolution practitioners, see Practice Note: Coronavirus (COVID-19) implications for dispute resolution.

Coronavirus—implications for appeals

For guidance on the measures that have been introduced as a result of the coronavirus pandemic that are of relevance to those involved in appeals in the civil courts and which may impact the guidance concerning normal practice set out in this Practice Note, see: Starting an appeal—general provisions—Coronavirus—implications for appeals.

Basis of the right to re-open a final determination of an appeal

The jurisdiction to re-open a final decision was established in Taylor v Lawrence. There, it was held that the Court of Appeal possesses a residual jurisdiction 'to avoid real injustice in exceptional circumstances'.

The CPR provides that the Court of Appeal or High Court will not re-open a final determination of any appeal, including an application for permission to appeal, unless:

  1. it is necessary so as to avoid real injustice

  2. the circumstances are exceptional and make it appropriate to do so, and

  3. there is no alternative effective remedy

These three requirements under CPR 52.30

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