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02 December 2010
Issue: 7444 / Categories: Case law , Law digest
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Practice and procedure

SAS institute Inc v World Programming Ltd [2010] EWHC 3012 (Ch), [2010] All ER (D) 243 (Nov)

It was established law that CPR 3.1(7) conferred on the courts a general power to vary or revoke their own orders. The circumstances in which that power might be used was where an applicant had to show some material change of circumstance or that the judge who had made the earlier order had been misled in some way, whether innocently or otherwise as to the correct factual position before him. If all that was sought was a reconsideration of the order on the basis of the same material, then that could only be done in the context of an appeal. There was scant authority upon CPR 3.1(7) but such as existed was unanimous in holding that it could not constitute power in a judge to hear an appeal from himself in respect of a final order.

AB and others v Ministry of Defence [2010] EWCA Civ 1317, [2010] All ER (D) 252 (Nov)

The power under CPR 3.4 was intended to be exercised on examination of the pleading

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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