2011-惇蹋厙AT-145

惇蹋厙AT Held or 惇蹋厙DT Pronouncements

惇蹋厙AT affirmed the 惇蹋厙DT order denying revision. 惇蹋厙AT held that a change in law is not a ※fact§ contemplated by Article 12. 1 of the 惇蹋厙DT Statute. 惇蹋厙AT held that the issuance of new jurisprudence by 惇蹋厙AT is an issue of law, not of fact.

Decision Contested or Judgment/Order Appealed

惇蹋厙DT Order: The Secretary-General submitted an application with 惇蹋厙DT for revision of its judgment, under Article 29 of the 惇蹋厙DT RoP. The Secretary-General considered the new decision of 惇蹋厙AT to fix the interest rate applicable to pre-judgment compensation at the US prime rate to be a ※decisive fact§ which was unknown at the time of the 惇蹋厙DT judgment. The Secretary-General maintained that 惇蹋厙DT＊s award of eight per cent rate on the pre-judgment compensation was contrary to the new jurisprudence of 惇蹋厙AT and, should, therefore be revised. 惇蹋厙DT rejected the application for revision, holding that the issuance of new jurisprudence by 惇蹋厙AT did not constitute a new fact.

Legal Principle(s)

The issuance of new jurisprudence by 惇蹋厙AT is an issue of law and does not constitute a new fact.

Outcome

Appeal dismissed on receivability

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

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