Review of a court’s interim decision
Review of a court’s interim decision

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

  • Review of a court’s interim decision
  • Reconsideration
  • Varying and revoking orders
  • Renewing interim applications

Reconsideration

The court has a power to reconsider its decision in an interim application at any point up to the time the order is drawn up.

It is at the discretion of the court as to whether or not to exercise its jurisdiction. It should only be exercised in exceptional cases where it is in the interests of justice to do so. The jurisdiction can be exercised even if that involves the putting forward of a new argument or the adducing of further evidence. New evidence can be adduced where:

  1. the evidence could not have been adduced at trial despite all due diligence to obtain it

  2. the evidence would probably be an important influence in resolving the case

  3. the evidence appears to be credible

The matter can be reconsidered if:

  1. the court has made a mistake

  2. new facts have been discovered, or

  3. a relevant point of law was not dr