||All England Reporter
|| All ER (D) 70 (Sep)
||25 September 2001
Practice - Consent order - Variation - Application to vary consent order - Claimant having given undertaking not to act to reduce equity in matrimonial home - Anticipated value of equity having been diminished - Claimant seeking to vary undertaking - Whether material change in respondent's circumstances.
On an application to vary an undertaking given by the first respondent not to reduce his equity in the proceeds of sale of his property, the court ruled that, on the evidence, the first respondent had failed to establish that he had no other assets with which to pay his legal expenses and, accordingly, the application would be dismissed.
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