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S - Slip rule


7/5/20

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT v DEVANI [2020] EWCA Civ 612

The slip rule can be used to correct a court order where the order in question does not express what the Court actually intended at the moment of promulgation.  It cannot be used where the order does express what the Court intended at the time but it subsequently appreciates that it should have intended something different.  The suggestion that the rule cannot be used if the correction would produce a decision with the opposite effect to that promulgated is wrong.  In the case of a simple failure of expression – most obviously a straightforward slip of the pen – the error can and should be corrected even if it alters the outcome (as initially expressed) by 180° [23].