29 September 2011
Riva Bella SA v Tamsen Yachts GmbH [2011] EWHC 2338 (Comm), [2011] All ER (D) 41 (Sep)
Although CPR 40.12 was generally of limited application and, in particular, the slip rule could not be used to enable the court to have second thoughts or to add to its original order, it was possible under the slip rule to amend an order to give effect to the intention of the court at the relevant time. The fact that the slip or omission might arise from the accidental omission of counsel did not mean that CPR 40.12 was not engaged, nor that there was any bar to the exercise of the discretion under the slip rule.
