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Reconsideration or Review of a decision in English Law?

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Reconsideration or Review of a decision in English Law?

Postby Denning » Thu Sep 10, 2015 12:11 am

Is the word "reconsideration of a decision/order/judgment" having the same legal meaning as "review of a decision/order/judgment" in English Law?
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Re: Reconsideration or Review of a decision in English Law?

Postby atticus » Thu Sep 10, 2015 6:01 am

It would help if you could give examples of where you have found each phrase.
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Re: Reconsideration or Review of a decision in English Law?

Postby dls » Thu Sep 10, 2015 8:11 am

Atti is right - context will inform.

As a matter of language only, 'reconsider' suggests acknowledging a possibility that the decision may be changed. 'Review' suggests looking at a decision to see whether it might need reconsideration.

There may just also be an element that the first is by the decision maker, and the second by someone else.
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Re: Reconsideration or Review of a decision in English Law?

Postby Denning » Thu Sep 10, 2015 7:03 pm

The word "reconsideration" or "review" appeared used interchangeably. To provide examples as requested:

Example 1 - A litigant present at a hearing and lost may request the decision to be reviewed on appeal. When a litigant who was not present at a hearing and his or her case was dismissed, the litigant may request the case to be reconsidered by the court.

Example 2 - A litigant may seek permission to apply for judicial review and when his/her application is refused on the papers may request the refusal to be reconsidered at a hearing. If further refused at a hearing the litigant may request the decision to be reviewed on appeal to Court of Appeal.

So if phrased differently the question may be asked as to what does reconsideration entails and again what does review entails?
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Re: Reconsideration or Review of a decision in English Law?

Postby Denning » Sat Sep 12, 2015 5:31 am

Similarly the word "refused" and the word "dismissed" is increasingly being used interchangeably by many of our new judges. So back to the issue of reconsideration or review let me try and present a case scenario.

Lets say an individual X within a period of ten years had received three unfavourable court orders. Lets also say that a fourth unfavourable court order within a period of ten years would automatically make X ineligible to hold an office in a body Y that permits only a maximum of three unfavourable court orders within a ten year period.

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.

After X submitted his credentials so as to hold office in about six to nine months time in Y, a fourth adverse court order was made against X by the court own motion in X absence on the basis of the three unfavourable orders. A copy of that fourth order was seen by a committee member of Y whose purpose was to determine whether X should be allowed to hold office in Y.

Y then wrote X directly that they have knowledge of four unfavourable orders against X and not three as declared by X. Coincidentally X was served a copy of the fourth order by the court the same day in which Y wrote X.

Given the above case example in mind, since the fourth order was decided by the court on its own motion and predicated on the three unfavourable orders, would X be entitled for the merit of the three unfavourable orders to be determined under

(a) a request for a review of the fourth order?
or
(b) a request for a reconsideration of the fourth order?
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Re: Reconsideration or Review of a decision in English Law?

Postby atticus » Sat Sep 12, 2015 6:59 am

This is impenetrable. Posting riddles does not help.

Why do you think that any application concerning the fourth order would lead to any change of the status of the three preceding orders? The time to deal with each of those orders was at the time each was made.

This person should take specialist advice. She should give the adviser the full facts and show all relevant documents.


Is this to do with the bloke who was not permitted to be a DJ because of his history of motoring offences?
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Re: Reconsideration or Review of a decision in English Law?

Postby Denning » Sat Sep 12, 2015 4:48 pm

So in English law is there any distinction between "reconsideration" and "review" of an order/judgment and if so what are the practical differences?
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Re: Reconsideration or Review of a decision in English Law?

Postby Hairyloon » Sat Sep 12, 2015 4:55 pm

The law is written primarily in English. What does your dictionary say?
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Re: Reconsideration or Review of a decision in English Law?

Postby atticus » Sat Sep 12, 2015 5:31 pm

To the extent that the OP"s earlier examples are valid, they suggest:

- reconsideration is a full reconsideration de novo;

- review is appeal, and therefore generally confined to matters of law.

Those points would also derive from dictionary definitions of the words.

I am not sure, however,that the OP's examples give sufficient context to her question.
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Re: Reconsideration or Review of a decision in English Law?

Postby Denning » Sat Sep 12, 2015 5:38 pm

atticus wrote:To the extent that the OP"s earlier examples are valid, they suggest:

- reconsideration is a full reconsideration de novo;

- review is appeal, and therefore generally confined to matters of law.

This is in line with my opinion as to the word "reconsideration" or "review". Is this your opinion as well?
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