Supreme Court Clarifies Test For Re-Opening Judgment Before Order Is Sealed

It has long been established that a judge has the power to re-open their judgment or order at any time until the order has been sealed. In a recent decision, the Supreme Court has clarified the approach a judge should adopt if asked to exercise this power, finding that the essential task is to do justice in accordance with the overriding objective of the CPR: AIC Ltd v Federal Airports Authority of Nigeria [2022] UKSC 16.

The Supreme Court rejected the notion that the discretion is constrained by a need to show "exceptional circumstances" before a judgment can be revisited, as stated in the pre-CPR authorities. It also rejected the Court of Appeal's decision that a two-stage process is needed, with the judge first considering whether the application should even be entertained before going on to consider the application on its merits. That would be inconsistent with the flexible nature of the judge's task in weighing the relevant factors.