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V – Variation of order

 

13/11/12

O’SULLIVAN v ANDREWS – QBD

The court refused to vary a consent order to allow the applicant more time to pay a debt.  Problems selling a property were not material changes in circumstances justifying the court’s intervention.

26/4/12

TIBBLES v SIG PLC [2012] EWCA Civ 518

The CPR r 3.1(7) discretion to vary or revoke an order may be used (a) where there had been a material change of circumstances since the order, (b) where the underlying facts had been misstated (c) where there had been a manifest mistake by the judge in the formulation of the order, and possibly (d) for a prompt recourse back to a court to deal with a matter which ought to have been dealt with in an order but which in genuine error was overlooked.