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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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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