The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
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:
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
varying or setting aside an order made without a hearing—see Practice Note: Determination of an application without a hearing (on the papers)—Can you challenge or vary an order made without a hearing?
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—CPR 3.3
re-listing of applications where an order is made following non-attendance by a party—see Practice Note: Varying or revoking orders—court's general power under CPR 3.1(7)—When will the court vary or revoke an order under CPR 3.1(7)?
setting aside a
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Without prejudice to any other enactment by virtue of which any offence is triable either way1, the following offences are triable either way2: (1) offences at common law of public nuisance3; (2) an offence at common law of outraging public decency4; (3) administering an oath etc
Convention rights—structure of qualified rightsThe rights preserved under the European Convention on Human Rights (ECHR), as set out in the Human Rights Act 1998 Sch 1, can be broadly divided into three groups:•absolute rights—which cannot be interfered with by the state or derogated from even in a
ECHR, art 5(4)—rights and dutiesThe scope of article 5(4) Article 5(4) of the European Convention of Human Rights (ECHR) provides that: 'Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided
Sentencing fraud offences committed by individualsThe Sentencing Council (SC) has produced sentencing guidelines for fraud offences under the Fraud Act 2006 (fraud by false representation, fraud by failing to disclose information and fraud by abuse of position), false accounting under section 17 of
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