Consequences of changes in case law

[vegansavage]

Hi. I won't go into the specifics of a case I was involved in, I'm more interested in procedure when case law via another case keeps changing. The case law in question is Griffiths v TUI and expert evidence. I was involved in an action which was started and finished when the High Court decision was case law and my expert - the only expert in the case - was not cross-examined. The judgment in my case was handed down after the Court of Appeal decision to overturn the High Court decision. Griffiths v TUI has recently been heard in the Supreme Court, if they revert to the High Court decision, or similar, would I have grounds for seeking an out of time appeal?

In summary: Case started and trial heard when High Court decision in place; judgement handed down when Court of Appeal decision in place.

Thank you.

[R0b]

I'm not that familiar with the kind of situation you're describing so all I am going to say is that it may be possible. What I have seen in the past is that where there is a particular case decision that is pending appeal and the parties to the claim are aware of it which has a direct impact on the claim being pursued, either party may ask the court to stay proceedings pending the outcome of that decision and most of the time, the court is willing to agree.

I suspect however, if nothing was raised during those proceedings, then I think an appellate court is unlikely to allow such an appeal on the basis that there has been a change in law. If you think about it, that would open up a whole can of worms where court cases decided some years before another court case thatchanges the law, it would mean every Tom, Dick and Harry would be able to re-open their claim and seek to change the original decision.

In the UK and many other countries, there has to be some form of finality in legal proceedings and that's why there are time limits to appealing decisions although some time limits can be bypassed where, for example judgments were made based on fraudulent facts or evidence but nevertheless it would be unreasonable for either party to having legal proceedings hanging over their head at any time.