Court of Appeal and amending court orders (Tibbles v SIG)

Table of contents

• Practical implications
• Court details
• Facts
• Judgment

Article summary

The Court of Appeal has reiterated that the court has a discretion under CPR 3.1(7) to amend court orders and whilst there is no exhaustive definition as to when this will apply the two categories set out in Lloyds Investment reflect the main circumstances when it can be invoked. However, the Court of Appeal held it may also be invoked where a court fails to take something into account when making an order. This must be due to a genuine oversight by the parties and must be something the court had not previously considered. If the applicant acts promptly the court has a discretion under CPR 3.1(7) to vary or revoke the order that had been made. ‘Prompt’ was not defined but is likely to be considered in terms of days.