In re St Nazaire Company: CA 1879

Sir Richard Malins V-C had permitted a petition to proceed which sought to vary an earlier order which he had made and which had been unsuccessfully appealed to the Court of Appeal.
Held: He had no power to do so. Any such power had disappeared with the Judicature Acts.
Thesiger LJ added that, ‘whatever may have been the practice in the High Court of Chancery before the Judicature Act as to the review of their decisions or the rehearing of their decisions, nothing can be clearer than that there was nothing analogous to that in the Common Law Courts’
Sir George Jessel MR explained that the Judicature Acts had changed everything: ‘the hope of every appellant was founded on the change of the judge’


George Jessel MR, Thesiger LJ


(1879) 12 Ch D 88


England and Wales

Cited by:

CitedIn re Suffield and Watts, Ex parte Brown CA 1888
A High Court judge had made an order in bankruptcy proceedings which had the effect of varying a charging order which he had earlier made under the Solicitors Act 1860.
Held: A judge has jurisdiction to reverse his decision at any time until . .
CitedRe L and B (Children) SC 20-Feb-2013
The court was asked as to the extent to which a court, having once declared its decision, could later change its mind. Though this case arose with in care proceedings, the court asked it as a general question. The judge in a fact finding hearing in . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 04 May 2022; Ref: scu.472058