...will not reopen a final determination of any appeal unless (a) it is necessary to do so in order to avoid real injustice;(b) the circumstances are...exceptional and make it appropriate to reopen the appeal; and(c) there is no alternative effective remedy."5. By paragraph (2) "appeal" includes an...the circumstances in which the court will reopen an appeal that has already been finally determined to cases of the most exceptional kind; and this is so across all areas of the law, including family...

...steps by bringing an action of reduction.[5] Mr. Cooney's response to this line of argument took a number of forms. He was not merely seeking reduction, he was seeking to reopen appeal procedures...petitioner did not appear, and the sheriff granted the decree craved. The petitioner appealed to the sheriff principal. The appeal was heard on 31 August 2000. The sheriff principal refused the appeal...of the sheriff dated 15 June invalid and/or to allow an appeal to the Court of Session, or to reduce the decree". The respondents, in addition to a general plea to the relevancy of the petition, have a...

.... The first relates to the jurisdiction of this court. It is whether the Court of Appeal has power to reopen an appeal after it has given a final judgment and that judgment has been drawn up (�The...part of one of the members of the Committee that had determined the appeal. The present application raises the question of whether the Court of Appeal has jurisdiction to reopen an appeal if an...judgment, be it a court of first instance or the Court of Appeal, would not entertain an application to reopen the judgment in order to consider the effect of the fresh evidence. This is not because of...

...Introduction1. This is a novel application to reopen an extradition appeal after the appellant, Andreas Seprey-Hozo, has been extradited. He was extradited to Romania...this court should reopen his appeal and declare in clear terms its disapproval of what the Romanian authorities have done: they gave an assurance that he would serve his sentence in Article 3 ECHR...the appeal was still ongoing. 10. The power of the High Court to reopen an extradition appeal is now contained in a specific rule, rule 50.27 of the Criminal Procedure Rules ("the CrPR...

...Court on 24 September and 8 October 2018. 4. On 29 October 2018 an application was made to the High Court to reopen the determination of her appeal against extradition and for an...Latvia." 5. The order stated after the judge's signature: "There is no right to renew the application to reopen the determination of the extradition appeal...."6. On 8 November an oral hearing took place before Ouseley J of applications to reopen the decision on the extradition appeal and for an injunction to stay the applicant's removal. The...

...THE VICE PRESIDENT:1. This is an application for leave to reopen the appeal of David Powell against a confiscation order made against him at the Central Criminal Court on...him. We must put an end to this unhappy saga. 6. We have an implicit power to reopen a concluded appeal in exceptional circumstances where it is necessary to avoid a real injustice: see...Yasain [2015] EWCA Crim 1277, [2016] QB 14. We give leave to reopen in the exceptional circumstances here. We allow the appeal and...

...is in the following terms: "50.27 Reopening the determination of an appeal(1) This rule applies where a party wants the High Court to reopen a decision of that...court which determines an appeal or an application for permission to appeal.(2) Such a party must (a) apply in writing for permission to reopen that...opportunity to make representations."4. Mr Cadman invites the court first to consider the application to reopen the appeal. Mr Watkins submits that until the application...

...2010 the court heard the application for permission to reopen the appeal and in the light of being unable to dismiss Dr Galappathie's findings out of hand, ordered the permission to be adjourned to..., as he has so successfully avoided hitherto, extradition. 5. This medical dispute gives rise to the issue first of all as to whether it is right to reopen this appeal pursuant to CPR.... What is required is for the appellant to establish that it is necessary to reopen the appeal in order to avoid real injustice, that the circumstances are exceptional and make it appropriate to reopen...

...any part in the proceedings, we decided to grant the application. The effect of that decision was to reopen the application for permission to appeal the judgment of Judge Knight. On 1 December we...) The Court of Appeal will not reopen a final determination of any appeal unless (a) it is necessary to do so in order to avoid real injustice; (b) the...circumstances are exceptional and make it appropriate to reopen the appeal; and(c) there is no alternative remedy.(2) In paragraphs (1), (3), (4) and...

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.... ... "11. Crim PR r36.15 provides: "(1) This rule applies where - (a) a party wants the court to reopen a decision which determines an appeal or reference to which ... residual jurisdiction to reopen a concluded appeal where there had been a defect in procedure which might have resulted in real injustice. Lord Thomas CJ said at [40] that the jurisdiction "is probably...of an appeal unless (i) it was necessary to do so in order to avoid real injustice; (ii) the circumstances were exceptional and made it appropriate to reopen the appeal; and (iii) there was no...

...same power to reopen its own decisions as the Court of Appeal (see...had power to reopen an appeal after it had given a final judgment, which had been drawn up. In giving the judgment of the court Lord Woolf CJ said that the court possessed a residual jurisdiction to...reopen an appeal it had already determined in order to avoid real injustice in exceptional circumstances. The material part of his judgment is at paras 54-57 in which he said: 54. The...

...Regan's accountant and on his advice. It emerged at the hearing that Mr Regan wished to reopen the appeal against the assessments which were the subject of the now final decision of the tribunal. We... [2014] UKFTT 390 (TC)TC03523Appeal number: TC/2013/04373 Capital Gains Tax penalties complaint that...penalties calculated on basis of incorrect assessments assessments appealed against and appeal lost permission to appeal refused impossibility of going behind previous tribunal decision taxpayer's...

...on notice, for permission to reopen an appeal. Other Parties5. In making the application to reopen, the Home Secretary has been joined as a Second Respondent...appropriate course is to grant permission today, pursuant to rule 50.27, to reopen the appeal for a narrow and very specific purpose: namely to revisit fitness to fly and paragraph 15 of my first...have decided against adopting it. My Reasons9. The reasons why I have decided to grant permission to reopen the appeal, on this narrow fitness to fly issue, are as...

...Court of Appeal or the High Court will not reopen a final determination of any appeal unless (a) it is necessary to do so in order to avoid real injustice...; (b) the circumstances are exceptional and make it appropriate to reopen the appeal; and (c) there is no alternative effective remedy."3...made bankrupt and of course Mr Cranston is in an even more difficult position because he needs to reopen a concluded appeal. 12. But the main reason why I have come to the conclusion...

...Criminal Procedure Rules to reopen the decision to refuse the application for permission to appeal. The Criminal Procedure Rules have been reordered with effect from 1 October 2014. Rules relating to....50.27. (1) This rule applies where a party wants the High Court to reopen a decision of that court which determines an appeal or an application for permission to appeal...Crown Copyright ©1. LORD JUSTICE BURNETT: On 21 August 2015, Nicola Davies J refused Mr Debicki's application for permission to appeal against the order extraditing him...

...seemed to us clear that we should first consider and determine the application to reopen the issue of permission to appeal, and only if we granted it, should we go on to consider and determine the...52.17(1) provides that: "The Court of Appeal or the High Court will not reopen a final determination of any appeal unless (a) it is necessary to do so in order to...avoid real injustice;(b) the circumstances are exceptional and make it appropriate to reopen the appeal; and(c) there is no alternative effective remedy...

...representations. He seeks instead to reopen the court's determination dismissing his statutory appeal. The jurisdiction to reopen a final determination of an extradition appeal...16. The jurisdiction to reopen a final determination of an extradition appeal was established, in the context of Part 1 of the 2003 Act, by the decision of the Divisional Court in...an application under this rule to reopen a final determination of an appeal even in cases where under rule 52.3(1) permission was not needed for the original appeal.(5) There...

...alternative remedy would be an appeal to the House of Lords this court will only give permission to reopen an appeal which it has already determined if it is satisfied that an appeal from this court...Wood v Gahlings The Times, 29 November 1996, a decision of Lord Woolf MR, that assumed, without deciding, that the court had jurisdiction to reopen an .... 19. In terms of precedent, therefore, Taylor v Lawrence itself is only authority for the proposition that the Court of Appeal has jurisdiction to reopen an appeal in which judicial bias is...

...appeal is still open. I doubt whether an implied statutory right to reopen it could be derived from the scheme of the Patents Act 1977, but that is a question which will have to await a case in which it...the infringement of a European Patent which does not exist in the form said to have been infringed. The Technical Board of Appeal ("TBA") of the European Patent Office ("EPO") has retrospectively...are res judicata notwithstanding the later but retrospective decision of the TBA. A similar argument had succeeded before the Court of Appeal in very similar circumstances in...