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‘where the Court of Appeal (i) decides that the judge has gone wrong in some way so that his decision cannot stand, and (ii) feels able to reconsider, or "rehear", the issue for itself rather than incurring the parties in the cost and delay of a fresh hearing at first instance.’ (para )Subsequently, Ryder LJ gave further judgment on this discretion, stating that the court may ‘fill in the gaps’ where the error is sufficiently discrete that this would not create procedural irregularity. His Lordship further states that where there is a lack of reasoning it is unlikely that this will be appropriate, and that the decision would essentially be fact-specific (Re B (Care Proceedings: Proportionality Evaluation)  EWCA Civ 565, at paras –).