The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
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.
The Court of Appeal or the High Court can only re-open a final determination of any appeal in three situations. These are:
where it is necessary to do so in order to avoid real injustice
the circumstances are exceptional and make it appropriate, and
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
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
This Practice Note considers the question of when court proceedings can be stayed. It identifies scenarios in which a party may apply for a stay of proceedings, including to allow for: a jurisdictional challenge; arbitration; an attempt to settle; related criminal proceedings; an opportunity to
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. For guidance, see Practice Note: Coronavirus
What is a reserved judgment?A reserved judgment is a draft judgment that is circulated by the judge. At the end of the hearing the judge will usually state that judgment is being reserved. This is common practice in the High Court. The draft judgment will be provided to the parties’ legal
There are several offences of tipping-off and prejudicing an investigation that apply to the regulated sector. There is also an offence of prejudicing an investigation that applies only to the unregulated sector. Both sectors are subject to an additional offence of interfering with documents.This
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.