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Court of Appeal refuses an application to issue a further motion seeking to correct errors in the the court's previous judgment refusing an application to vary, set aside or correct an earlier judgement or to stay the proceedings pending the conclusion of an application for revision to the Court of Justice of the European Union, on the grounds that: (1) While the court may correct a clerical mistake without the consent of one party by way of motion, it must be on notice to the other party and prior consent should be sought before issuing the motion, and therefore it would be premature to permit this relief; and (2) an application for a stay had already been ruled on, and is not permitted.
Practice and procedure – application to issue motion seeking to correct errors in the the court's previous judgment refusing an application to vary, set aside or correct an earlier judgement - application to stay the proceedings pending the conclusion of an application for revision to the Court of Justice of the European Union - while the court may correct a clerical mistake without the consent of one party by way of motion, it must be on notice to the other party and prior consent should be sought before issuing the motion– Order 28 of the Rules of the Superior Courts – stay pending determination of other proceedings refused – leave to issue motion refused.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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