Appeals: reopening a final determination—pre October 2012 [Archived]
Appeals: reopening a final determination—pre October 2012 [Archived]

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

  • Appeals: reopening a final determination—pre October 2012 [Archived]
  • Principles
  • Appeal includes application for permission to appeal
  • Procedure

NOTE: SAVE FOR WHERE THE APPEAL NOTICE WAS FILED OR PERMISSION TO APPEAL WAS OBTAINED BEFORE 1 OCTOBER 2012, THIS PRACTICE NOTE IS FOR HISTORIC PURPOSES ONLY. For guidance on the current provisions governing permission to appeal, see Practice Note: Grounds for appealing and preliminary considerations—Is it possible to re-open an appeal (including an application for permission to appeal)?.

Further, the CPR rules and practice directions referred to in this guidance will link through to the existing provisions and not those effective before 1 October 2012. For the pre-October 2012 provisions, please see the attached pdf documents.

Principles

The Court of Appeal or the High Court can only re-open a final determination of any appeal in three situations. These are:

  1. where it is necessary to do so in order to avoid real injustice

  2. the circumstances are exceptional and make it appropriate, and

  3. there is no alternative remedy

The Court of Appeal has clearly stated that CPR 52.17:

'.. does not exist to allow unsuccessful litigants to re-argue the correctness of the earlier decision as a matter of law. Its only purpose is to enable an earlier hearing to be re-opened where it can be shown that there has been a serious defect in the integrity of those proceedings.'

The court has no general discretion as to whether a final determination can be re-opened (Trevor Guy). However, in exceptional circumstances

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