- Power of the court to review and vary a case management decision involving the allocation of judicial resources (Oyston v Rubin)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Dispute Resolution analysis: Under CPR 3.1(7) the court has power to vary or revoke a case management order that it has made. The Court of Appeal explained in Tibbles v SIG plc that that power may normally be exercised only when there has been a material change of circumstances since the order was made, or the facts on which the original order was made were misstated to or misunderstood by the court. Such a change in circumstances may include a change brought about by the party who applies to vary the order, where the actions of that party were taken bona fide in the proper conduct of the litigation rather than for the purpose of frustrating and delaying the litigation (JSC VTB Bank v Skurikhin). In the instant case, although it was not necessary for the decision on the application, the judge also stated that, where the case management decision encroached on aspects of the administration of justice such as the allocation of judicial resources, there was no threshold requirement for a change in circumstances and it would be open to the court to vary such an order of its own motion. Written by David Fisher, barrister, and associate member, at New Square Chambers.
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