Morton LJ criticised an application to vary an undertaking given to it: ‘ . . the court does not vary an undertaking given by a litigant. If the litigant has given an undertaking and desires to be released from that undertaking, the application should be an application for release . . Litigants are not ordered to give these undertakings; they choose to give them, and an application to have an undertaking already given varied is wholly wrong in form.’
A further order will be appropriate whenever, inter alia, new facts come into existence or are discovered which render its enforcement unjust. The changed circumstances must be established by evidence, and the onus rests upon the person seeking to vary the consent or interim order to establish those changed circumstances.
Morton LJ said: ‘Litigants are not ordered to give . . undertakings; they choose to give them…’
Judges:
Morton LJ
Citations:
[1945] 1 All ER 103
Jurisdiction:
England and Wales
Cited by:
Cited – Birch v Birch SC 26-Jul-2017
The parties, on divorcing had a greed, under court order that W should obtain the release of H from his covenants under the mortgage of the family home. She had been unable to do so, and sought that order to be varied to allow postponement of her . .
Appeal from – Cutler v Wandsworth Stadium Ltd HL 1949
The Act required the occupier of a licensed racetrack to take all steps necessary to secure that, so long as a totalisator was being lawfully operated on the track, there was available for bookmakers space on the track where they could conveniently . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 03 September 2022; Ref: scu.643866