The husband appealed against a judge’s refusal to release him from an undertaking that, unless he was out of work, he would not apply for a downwards variation of an order for maintenance in favour of the wife.
Held: The husband had ‘wholly failed to show any such change in circumstances’ as would warrant release.
In addition: ‘any undertaking given to the court is capable of being discharged by the court whenever it appears to the court that circumstances have arisen which make that course a proper one in the interests of justice.’, and it was ‘always competent’ for the court to release a person from an undertaking as an exercise of its discretion in the interests of justice.
Citations:
[1956] P 283
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 . .
Applied – Kensington Housing Trust v Oliver CA 1997
After the tenant caused flooding of flats underneath her flat. As a result the landlord had obtained an order for possession of it but it had undertaken to the court to offer the tenant specified alternative accommodation at basement or ground floor . .
Lists of cited by and citing cases may be incomplete.
Family
Updated: 07 September 2022; Ref: scu.643867
