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APPEAL: Re U (Re-opening of Appeal) [2005] EWCA Civ 52

Date:27 AUG 2005

(24 February 2005; Butler-Sloss P, Thorpe and Laws LJJ; Court of Appeal) [2005] 2 FLR 444

The Taylor v Lawrence [2003] QB 528 jurisdiction, permitting the re-opening of appeals on the basis of fresh evidence, could only be properly invoked where it was demonstrated that the integrity of the earlier litigation process, whether at trial or at first appeal, had been critically undermined. The jurisdiction was therefore not concerned solely with the case where the earlier process might have produced a wrong result, but primarily with special circumstances where the process itself had been corrupted or where the injustice that would be perpetrated if the appeal were not reopened would be so grave as to overbear the pressing claims of finality in litigation.