Tibbles v SIG Plc (trading as Asphaltic Roofing Supplies) [2012] EWCA Civ 518 – Law Journals

Rescission: Information overload

David Wilkinson considers a case concerned with the power of the court to vary, suspend, rescind or revive an order made by it Litigants should not be permitted to have ‘two bites at the cherry’ by applying again before the same court in relation to the same matter and there is an important public policy …

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Enforcement: Be careful what you ask for

Eleanor Mills examines the Court of Appeal’s approach to a case where the wife sought to rectify a correctly made order on an incorrect application In Des Pallieres, the narrow ambit of the slip rule did not encompass the rectification of the order the wife sought, as no mistake had been made in the making …

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Costs: On dangerous ground

David Wilkinson considers when an order for costs may be justified in private law children cases and the issue of assessment on a standard or indemnity basis ‘Case law underlines that in children proceedings there should generally be no order for costs, unless a party takes an unreasonable stance or behaves reprehensibly.’ Family lawyers often …

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Schedule 1: Within limits

Michael Chapman and Clare Williams analyse whether, when and how the court will vary a settlement of property order made in proceedings under Sch 1 to the Children Act 1989 ‘It is not difficult to imagine a series of situations that could necessitate the review of an order settling property for the benefit of a …

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CPR: No procedural hiding place – the Mitchell effect

Deirdre Goodwin discusses the changing litigation landscape ‘The landmark judgment in Mitchell, and those which have followed, definitively welcome civil practitioners to the brave new world of qualified justice where fairness and ‘conscience’ become secondary to awareness of the limitations of court resources and financial expediency.’ The Court of Appeal decision in Mitchell MP v …

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