Varying or revoking orders—court's general power under CPR 3.1(7)

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

  • Varying or revoking orders—court's general power under CPR 3.1(7)
  • The court’s power to vary or revoke and order
  • When will the court vary or revoke an order under CPR 3.1(7)?
  • Can the court vary or revoke a final order under CPR 3.1(7)?
  • What is the appropriate route to vary or revoke a final order?
  • Examples of where the court has invoked CPR 3.1(7)
  • Examples of where the court has refused to invoke CPR 3.1(7)
  • Can non-parties apply to vary or revoke an order?
  • How to apply to vary or revoke an order

Varying or revoking orders—court's general power under CPR 3.1(7)

The court’s power to vary or revoke and order

While it is important for parties to litigation to be able to rely upon the court’s decisions, there are certain circumstances where a party may wish to apply to have an order varied, amended, revoked or corrected. This Practice Note considers the court’s general case management power under CPR 3.1(7) to vary or revoke an order. There are other provisions in the CPR which deal more specifically with the varying, revoking or setting aside of orders in particular circumstances and CPR 3.1(7) should be read in conjunction with them. These powers include:

  1. varying or setting aside an order made without notice—see Practice Note: Applications without notice—Setting aside or varying orders made without notice—Rule 23.10

  2. varying or setting aside an order made without a hearing—see Practice Note: Applications without hearings—Can you appeal, vary or set aside an order made without a hearing?

  3. varying, setting aside or staying orders made on the court's own initiative—see Practice Note: Case management—court's powers—Dispute Resolution—Court acting on its own initiative—Rule 3.3

  4. re-listing of applications where an order is made following non-attendance by a party—see Practice Note: Application hearings—Non-attendance by a party

  5. setting aside a judgment or order made following a party’s non-attendance at trial—see Practice Note: Non-attendance by the parties at trial—Applying to set

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