The Power to Reconsider Orders Under CPR Rule 3.1(7)

Civil Justice Quarterly, Vol. 29, pp. 175-193, 2010

26 Pages Posted: 25 Feb 2012

See all articles by Rabeea Assy

Rabeea Assy

University of Haifa - Faculty of Law; University of Oxford

Date Written: 2010

Abstract

This article reviews the major developments of the general power of English courts to reconsider their orders under r.3.1(7) of the Civil Procedure Rules 1998 (CPR). It shows that the Court of Appeal has been inconsistent in its approach to that rule, and that any attempt to provide general criteria for exercising that power fails to take into account the diversity of circumstances or the types of orders that may invoke the rule. The author proposes departing from the absolute prohibition on invoking CPR r.3.1(7) to review orders on the merits and, instead, affording trial judges the discretion to reconsider on the merits procedural orders that were made to facilitate the trial.

Keywords: Courts’ powers and duties, Judgments and orders, Revocation of orders, Variation, English Civil Procedure

Suggested Citation

Assy, Rabeea, The Power to Reconsider Orders Under CPR Rule 3.1(7) (2010). Civil Justice Quarterly, Vol. 29, pp. 175-193, 2010. Available at SSRN: https://ssrn.com/abstract=2010778

Rabeea Assy (Contact Author)

University of Haifa - Faculty of Law ( email )

Mount Carmel
Haifa, 31905
Israel

University of Oxford ( email )

St Cross Road
Oxford, Oxfordshire OX1 3UL
United Kingdom

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