The following Family Q&A Produced in partnership with Paul Infield of The 36 Group provides comprehensive and up to date legal information covering:
An undertaking may not be varied by a court, but the person making it may, on application, be released from its performance, often having offered an alternative, or on condition that a further undertaking is given (see Birch v Birch). In determining whether to exercise the discretion to release, where an undertaking could have been framed as a variable order (such as an order for sale under section 24A of the Matrimonial Causes Act 1973 (MCA 1973)), the court should apply the criteria of MCA 1973, s 31(7), which effectively requires an exercise balancing the competing interests of the parties. Such an exercise was carried out (though in a rather different case) by Cohen J in A v A (Financial Remedies: Variation of Under
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When defendants are guilty, they have a choice to plead guilty or to put the prosecution to proof. When they plead guilty they may benefit from a reduction in their sentence as a result, see Practice Note: Credit for guilty plea. However, the Sentencing Council's overarching guidelines on reduction
What is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in some way:•the effect of rescinding a contract is to extinguish it and restore the parties to their pre-contractual positions•the main grounds of
Fraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation (the Theft Act 1968 (TA 1968)). No gain or loss need actually be made, and no deception need operate on the mind of the deceived for the Fraud Act 2006
Definition of automatismAn act is done in a state of automatism if it is done by the body without control by the mind, (eg it is a spasm or a reflex), or if it is done by a person who is not conscious of what they are doing. The act may be described as involuntary, but will not be regarded as such
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