The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
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.
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.
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:
it is necessary so as to avoid real injustice
the circumstances are exceptional and make it appropriate to do so, and
there is no alternative effective remedy
These three requirements under CPR 52.30
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Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering service out of the jurisdiction. For guidance, see: Cross border considerations—checklist—Service—Brexit specific.This Practice Note explains when an acknowledgment of
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