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Reconsideration or Review of a decision in English Law?

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Re: Reconsideration or Review of a decision in English Law?

Postby atticus » Sat Sep 12, 2015 5:58 pm

Why else do you think I wrote that?
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Re: Reconsideration or Review of a decision in English Law?

Postby Hairyloon » Sat Sep 12, 2015 6:15 pm

Some members of this board can be very cryptic, often without realising. Sometimes people want reassurance that what was meant concurs with what they thought was meant.
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Re: Reconsideration or Review of a decision in English Law?

Postby atticus » Sat Sep 12, 2015 6:56 pm

The OP did not appear to have difficulty understanding whay I said. If my post is in any way unclear, the OP may ask for clarification.
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Re: Reconsideration or Review of a decision in English Law?

Postby Denning » Tue Sep 15, 2015 3:51 am

If I have to apply the stated understanding of "reconsideration" to the fourth order then I would expect that the judge at the reconsideration hearing to allow the merit of the first three orders to be revisited (since the fourth order was made on those premises) and also expect the judge to have an open mindset that if persuaded that the first three orders were founded on void acts then should use the powers of the court to reopen those three applications (if at all they have been finally determined) and declare each of them to be a nullity.

Would this stated reasoning or approach be acceptable within the ambit of reasonable disagreement?
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Re: Reconsideration or Review of a decision in English Law?

Postby atticus » Tue Sep 15, 2015 5:55 am

I would not have that expectation.

It is the fourth order that you would be challenging. As stated above, the time to challenge the earlier orders was when they were made.

Or is there much more to this that you are letting on?
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Re: Reconsideration or Review of a decision in English Law?

Postby Denning » Tue Sep 15, 2015 10:53 am

atticus wrote:I would not have that expectation.

It is the fourth order that you would be challenging. As stated above, the time to challenge the earlier orders was when they were made.

Or is there much more to this that you are letting on?

I do not see any merit upon which the fourth order can be set aside where the first three orders to be valid in law. I made the following comments on page 1 of this thread:
Denning wrote:X had requested that each of the three unfavourable court orders be declared a nullity on grounds that each of the judges who made the three separate orders were not qualified judges in accordance with law. There has been no decision about X requests for the three unfavourable orders to be declared void.
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Re: Reconsideration or Review of a decision in English Law?

Postby atticus » Tue Sep 15, 2015 11:11 am

If he can prove that, let him try.
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