Rule 36.15 Reopening the determination of an appealI1

England and Wales As made

(1)

This rule applies where—

(a)

a party wants the court to reopen a decision which determines an appeal or reference to which this Part applies (including a decision on an application for permission to appeal or refer); or

(b)

the Registrar refers such a decision to the court for the court to consider reopening it.

(2)

Such a party must—

(a)

apply in writing for permission to reopen that decision, as soon as practicable after becoming aware of the grounds for doing so; and

(b)

serve the application on the Registrar.

(3)

The application must—

(a)

specify the decision which the applicant wants the court to reopen; and

(b)

explain—

(i)

why it is necessary for the court to reopen that decision in order to avoid real injustice,

(ii)

how the circumstances are exceptional and make it appropriate to reopen the decision notwithstanding the rights and interests of other participants and the importance of finality,

(iii)

why there is no alternative effective remedy among any potentially available, and

(iv)

any delay in making the application.

(4)

The Registrar—

(a)

may invite a party’s representations on—

(i)

an application to reopen a decision, or

(ii)

a decision that the Registrar has referred, or intends to refer, to the court; and

(b)

must do so if the court so directs.

(5)

A party invited to make representations must serve them on the Registrar within such period as the Registrar directs.

(6)

The court must not reopen a decision to which this rule applies unless each other party has had an opportunity to make representations.

[Note. The Court of Appeal has power only in exceptional circumstances to reopen a decision to which this rule applies.]

Annotations

Commencement

I1: Rule 36.15 in force at 6.10.2025, see Preamble