A judge delivers judgment in open court and makes an appropriate order. A few hours, or days, later, but before the formal written minute of the order has been sealed by the court, the judge receives a request from one of the parties to re-consider both the judgment and the order. What should the judge do? This problem may arise at all levels in civil litigation, from interim and case management hearings, to final orders made at the end of a trial and even to orders made, but not yet sealed, on appeal. There is no doubt that the judge has power to re-open the judgment and order at any time until the order has been sealed, but the question raised by this appeal is by what process, and in accordance with what principles, should the judge decide whether or not to exercise that power?
Judges:
Lord Hodge, Deputy President
Lord Briggs
Lord Sales
Lord Hamblen
Lord Leggatt
Citations:
[2022] UKSC 16
Links:
Jurisdiction:
England and Wales
Litigation Practice
Updated: 06 July 2022; Ref: scu.678549