Setting Aside Court Orders Before Sealing and the Principle of Finality: AIC Ltd v Federal Airports Authority of Nigeria [2020] EWCA Civ 1585

This note reviews the recent decision in AIC Limited v The Federal Airports Authority of Nigeria in which the Court of Appeal provided guidance on the correct approach courts should take when determining an application to reconsider an order before it is sealed. Although the guidance is to be welcomed, it is argued that the courts should adopt a cautious and, more importantly, a narrow and restrictive approach when considering arguments in support of an application to reconsider. In doing so, the courts should always have regard to the importance of the principle of finality when answering both the first and second questionsof the guidance; this will protect the public interest in finality in litigation and deter and prevent parties from taking advantage of the administrative delay between the order being made and sealed. In turn that would avoid increased costs and delays for the parties and the courts and the possibility that the principle of proportionality would be undermined.