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1. www.justice.gov.uk › courts › procedure-rulesPART 23 – GENERAL RULES ABOUT APPLICATIONS FOR COURT ORDERS

   www.justice.gov.uk › courts › procedure-rules

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   Oct 1, 2023 · Applications which may be decided with without a hearing. 23.8. (1) The court may deal with an application without a hearing if—. (a) the parties agree the terms of the order sought; (b) the parties agree to dispense with a hearing; or. (c) the court does not consider that a hearing would be appropriate. (2) If the parties agree to dispense ...

2. www.farleys.com › can-undertaking-variedCan An Undertaking Be Varied? - Farleys Solicitors

   www.farleys.com › can-undertaking-varied

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   Jul 27, 2017 · Home » Blog » Can An Undertaking Be Varied? On 26 July 2017, in the matter of Birch v Birch, the Supreme Court overturned the decisions of the lower courts by a majority of 4 to 1 in relation to the ability of the family court to revisit an undertaking that has been given. An undertaking is a formal promise given to the court to do or abstain ...

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4. watsonmorrisfamilylaw.co.uk › wp-content › uploadsYour Guide to Varying or Setting Aside a Financial Order or ...

   watsonmorrisfamilylaw.co.uk › wp-content › uploads

   An executory order: An order that has not been implemented (whether wholly or partly) can be varied. The court’s decision whether to set aside or vary an executory order will depend on whether it would be inequitable to hold a party to the original terms of the order where there has been a significant change in circumstances.

5. www.lexisnexis.co.uk › legal › guidanceVarying or revoking orders—court's general power under CPR 3.1(7)

   www.lexisnexis.co.uk › legal › guidance

   The court’s power to vary or revoke and order. While it is important for parties to litigation to be able to rely upon the court’s decisions, there are certain circumstances where a party may wish to apply to have an order varied, amended, revoked or corrected. Various provisions exist within the cpr in respect of those circumstances, see ...

6. www.justice.gov.uk › courts › procedure-rulesPRACTICE DIRECTION 40B – JUDGMENTS AND ORDERS

   www.justice.gov.uk › courts › procedure-rules

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   Oct 1, 2023 · 3.4 A consent judgment or order must: (1) be drawn up in the terms agreed, (2) bear on it the words ‘By Consent’, and. (3) be signed by. (a) solicitors or counsel acting for each of the parties to the order, or. (b) where a party is a litigant in person, the litigant 6.

7. www.lawgazette.co.uk › legal-updates › familyFamily: Undertakings and variations | Feature - Law Gazette

   www.lawgazette.co.uk › legal-updates › family

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   Oct 2, 2017 · Birch v Birch emphasises the variation of family orders. Background. The case concerned the wife’s application to vary undertakings contained in a consent order dated 28 July 2010.

8. People also ask

   What happens if a court orders a release of a person?

   • if the court ordering the release of the person concludes that his Convention rights have been infringed by the making of the order to which the application or appeal relates, the judgment or order should so state. If the court does not do so, that failure will not prevent another court from deciding the matter.

   PRACTICE DIRECTION 40B – JUDGMENTS AND ORDERS

   www.justice.gov.uk/courts/procedure-rules/civil/rules/part40/pd_part40b

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   Can an executory order be varied?

   • hat has not been implemented (whether wholly or partly) can be varied. The court’s decision whether to set aside or vary an executory order will depend on whether it would be inequitable to hold a party to the original terms he order where there has been roperty adjustment orders (except settlement orders as outlin

   Your Guide to Varying or Setting Aside a Financial Order or Undertaking

   watsonmorrisfamilylaw.co.uk/wp-content/uploads/2023/02/Guide-to-varying-or-setting-aside-a-financial-order-or-undertaking.pdf

   See all results for this question

   Can a party vary or revoke a court order?

   • While it is important for parties to litigation to be able to rely upon the court’s decisions, there are certain circumstances where a party may wish to apply to have an order varied, amended, revoked or corrected. This Practice Note considers the court’s general case management power under cpr 3.1 (7) to vary or revoke an order.

   Varying or revoking orders—court's general power under CPR 3.1(7)

   www.lexisnexis.co.uk/legal/guidance/varying-or-revoking-orders-courts-general-power-under-cpr-3-17

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   What if a court order granting or dismissing an application?

   • (2) Where the court makes an order, whether granting or dismissing the application, a copy of the application notice and any supporting evidence must, unless the court orders otherwise, be served with the order on any party or other person – (a) against whom the order was made; and (b) against whom the order was sought.

   PART 23 – GENERAL RULES ABOUT APPLICATIONS FOR COURT ORDERS

   www.justice.gov.uk/courts/procedure-rules/civil/rules/part23

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   Can a court adjust a financial remedy order?

   • d it can be varied or set aside or the court can decline to enforce it. In Thwaite v Thwaite 2 FRL 280 the Court of Appeal confirmed that the court can adjust a financial remedy order which remains executory if it would be inequitable to hold the parties

   Your Guide to Varying or Setting Aside a Financial Order or Undertaking

   watsonmorrisfamilylaw.co.uk/wp-content/uploads/2023/02/Guide-to-varying-or-setting-aside-a-financial-order-or-undertaking.pdf

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   What if a consent order is incorrect?

   • (1) none of the parties is a litigant in person, and (2) the approval of the court is not required by the Rules, a practice direction or any enactment 4. 3.2 If a consent order filed for sealing appears to be unclear or incorrect the court officer may refer it to a judge for consideration 5.

   PRACTICE DIRECTION 40B – JUDGMENTS AND ORDERS

   www.justice.gov.uk/courts/procedure-rules/civil/rules/part40/pd_part40b

   See all results for this question

9. watsonmorrisfamilylaw.co.uk › wp-content › uploadsYour guide to enforcing financial agreements, orders and ...

   watsonmorrisfamilylaw.co.uk › wp-content › uploads

   to enforcing financial agreements, orders and undertakings OverviewThis guide will provide you with an overview on how to enforce the terms of a financial agreement as well as. verview on how to enforce a financial remedy order or undertaking. In this guide we call the party who is defaulting on the terms of the order the ‘debtor’. the ...