- Cited — Vodafone Group Plc & Ors v IPCom GmbH & Co KG 2023-02-10
“…isdiction for which he contends cannot be derived nor does it receive any support from the power given in CPR 3.1(7). In Tibbles v SIG plc [2012] EWCA Civ 518; [2012] 1 WLR 2591, this Court made clear that, whilst an exhaustive definition of the circumstances in which the discretion could be exercised was not possible, as a matter of p…”
- Cited — Helios Oryx Limited v Trustco Group Holdings Limited 2022-02-25
“…is normally exercisable only where the circumstances have materially changed, or in certain other limited kinds of case: Tibbles v SIG plc [2012] EWCA Civ 518, [2012] 1 WLR 2591. Otherwise, an attempt to rake over an interlocutory matter will be regarded as an abuse of process: see Thevarajah v Riordan [2015] UKSC 78, [2016] 1 WLR 76, …”
- Cited — Ceredigion Recycling & Furniture Team v Pope 2022-01-14
“…risdiction for which he contends cannot be derived nor does it receive any support from the power given in CPR 3.1(7). In Tibbles v SIG plc[2012] EWCA Civ 518; [2012] 1 WLR 2591, this Court made clear that, whilst an exhaustive definition of the circumstances in which the discretion could be exercised was not possible, as a matter of p…”
- Cited — Allsop v Banner Jones Ltd (t/a Banner Jones Solicitors) 2021-01-08
“…rder was made or (b) where the facts on which the original decision was made were (innocently or otherwise) misstated: Tibbles v. SIG plc, [2012] EWCA Civ 518, [2012] 1 WLR 2591. The Financial Remedies Judgment, of course, was a final decision.…”
- Applied — Libyan Investment Authority & Ors v King & Ors 2020-12-14
“…voke an order”. The leading authority on the principles to be applied when considering whether to exercise this power is Tibbles v SIG plc [2012] EWCA Civ 518, [2012] 1 WLR 2591. One of the circumstances which was recognised as being a proper one for the exercise of the power was summarised by Rix LJ at [39(vi)] as follows:…”
- Followed — Terry v BCS Corporate Acceptances Ltd & Ors 2018-11-02
“…Many of the relevant authorities are reviewed in the judgment of Rix LJ in Tibbles v SIG Plc [2012] EWCA Civ 518, [2012] 1 WLR 2591 at [28]-[38]. The conclusions he drew from his consideration of the cases included the following:…”
- Considered — Catalyst Management Services v Libya Africa Investment Portfolio 2018-07-12
“…etionary power, the proper application of which was considered in detail by this court in what remains the leading case, Tibbles v SIG plc [2012] EWCA Civ 518; [2012] 1 WLR 2591. After a detailed review of the authorities, Rix LJ (with whom Etherton and Lewison LJJ agreed) set out at [39] the conclusions to be drawn. For present purpos…”
- Applied — Khrapunov v JSC BTA Bank 2018-04-24
“…its power under CPR Part 3.1(7) to vary or revoke any order, applying the principles set out in the leading authority of Tibbles v SIG Plc [2012] EWCA Civ 518; [2012] 1 WLR 2591. However, since we have heard full argument on the point and since under CPR Part 52.10 (now CPR Part 52.20) we have all the powers of the lower court, both si…”