Variation Order in UK Law
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Minton v Minton
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There are two principles which inform the modern legislation. One is the public interest that spouses, to the extent that their means permit, should provide for themselves and their children. The law now encourages spouses to avoid bitterness after family break-down and to settle their money and property problems. An object of the modern law is to encourage each to put the past behind them and to begin a new life which is not overshadowed by the relationship which has broken down.
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Re Peters
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It is concerned solely with the preservation of assets at a time when it cannot know whether the accused will or will not be convicted. Such a jurisdiction is closely analogous to that exercised by the courts in relation to Mareva injunctions and might, not inaccurately, be referred to as a "drugs Act Mareva".
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Lloyds Investment (Scandinavia) Ltd v Christen Ager-Hanssen
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Although this is not intended to be an exhaustive definition of the circumstances in which the power under CPR Part 3.1(7) is exercisable, it seems to me that, for the High Court to revisit one of its earlier orders, the Applicant must either show some material change of circumstances or that the judge who made the earlier order was misled in some way, whether innocently or otherwise, as to the correct factual position before him.
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Bj v Mj Hsbc Trustees (ci) Ltd (as Trustees of The Mj No.1 Settlement) (and Further as Trustees of The Mj No.2 Settlement) (2nd and 3rd Respondents)
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If, however, the Court is satisfied that the variation order will be effective against the husband in personam, then the order is more likely to be made ( Razelos v Razelos [1969] 3 All ER 929).
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Birch v Birch
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It is, I suppose, inconsistent with the admitted existence of a discretionary jurisdiction to say that it can never be exercised unless a particular fact, such as a significant change of circumstances, is established. If a discretionary jurisdiction is shackled in that way, the result is, instead, that the jurisdiction does not even exist unless the fact is established.
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Atlas Maritime Company SA v Avalon Maritime Ltd (The Coral Rose)
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The injunction must not be used so as to amount to an instrument of oppression which would bring about the cessation of ordinary trading. On the other hand, the court must have regard to the interests of the plaintiff and consider whether the variation of the injunction would involve a real risk that a judgment or award in his favour would remain unsatisfied. The court must look at all the circumstances of the case in order to try to do justice between the parties.
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Orb a.r.l. and Others v Andrew Joseph Ruhan Simon John McNally (Third Party) Simon Nicholas Hope Cooper (Fourth Party) Gail Alison Cochrane (Fifth Party) Gerald Martin Smith (Sixth Party) SMA Investment Holdings Ltd (a Marshall Islands Company) (Seventh Party)
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It is that if a point is open to a party on an interlocutory application and is not pursued, then the applicant cannot take the point at a subsequent interlocutory hearing in relation to the same or similar relief, absent a significant and material change of circumstances or his becoming aware of facts which he did not know and could not reasonably have discovered at the time of the first hearing.
- The Spring Traps Approval (Variation) (Wales) Order 2021
- The Queen Elizabeth II Conference Centre Trading Fund (Variation) Order 2021
- The Public Lending Right Scheme 1982 (Commencement of Variation) Order 2022
- The Public Lending Right Scheme 1982 (Commencement of Variation) Order 2023
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NON‐UNION ESTABLISHMENTS IN BRITAIN: THE SPATIAL PATTERN
Given the degree of interest which is developing in issues such as the “North‐South divide”, data drawn from recent workplace industrial relations surveys are re‐examined in order to analyse whethe...... ... the distribution of non-union establishments along regional lines in order to identify those parts of Britain that have an above-average number of ... differences there are few obvious signs of significant spatial variation. Secondly, structural effects (i.e. industry mix) is not a particularly ... ...
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Unpaced production lines with three simultaneous imbalance sources
Purpose: The purpose of this paper is to investigate the performance of unpaced reliable production lines that are unbalanced in terms of their mean operation times, coefficients of variation and b...... ... in terms of their mean operation times, coefficients of variation and buffercapacities.Design/methodology/approach – Simulations were ... abowl configuration for coefficients of variation and a decreasing order of buffer sizes results in higherthroughput and lower idle times than a ... ...
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Hegemonic-order theory: A field-theoretic account
This article outlines a field-theoretic variation of hegemonic-order theory — one inspired primarily by the work of Pierre Bourdieu. We argue that hegemony derives from the possession of a pluralit...... ... NeumannNorwegian Institute for International Affairs, NorwayAbstractThis article outlines a field-theoretic variation of hegemonic-order theory one inspired primarily by the work of Pierre Bourdieu. We argue that hegemony derives from the possession of a plurality ... ...
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Genetic algorithm based fuzzy time series tourism demand forecast model
Purpose: – Many studies have proposed variant fuzzy time series models for uncertain and vague data. The purpose of this paper is to adapt a fuzzy time series combined with genetic algorithm (GA) t...... ... –Different cases are studied to understand the effect of variation offuzzy time series order, number of intervals and population size on the ... ...
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Secured creditors are not left out in the cold
In the recent case of Kevin Taylor v Van Dutch Marine Holding Ltd and others, the High Court decided that the exercise of existing rights by a secured creditor should not be regarded as a disposal ...... ... by a secured creditor is not an infringement of a freezing order. The High Court also clarified that it is not necessary for a secured ditor to bring an application for variation of the freezing order ... Background ... The Claimant claimed that the ... ...
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The big freeze – CPI revaluation drops to zero
The Consumer Prices Index versus Retail Prices Index debate remains a live issue for many UK pension plans because of a material variation between rises in CPI and RPI which influences benefit cost...... ... a live issue for many UK pension plans because of a material variation between rises in CPI and RPI which influences benefit cost. The al Pensions (Revaluation) Order 2015 was laid before Parliament on 24 November, and sets the statutory ... ...
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Concurrent Delay: City Inn Snubbed Again
... ... In De Beers, a full EOT was allowed for a variation order despite the fact that the delay was also said to be attributable to ... ...
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Delay Analysis In Unconventional Contracts (EN)
... ... imposed on the contractor through a variation/change order, the ... article "Variation order time impact in ... ...
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Claimant's application for a variation order
County Court forms including the N1 money claim form.
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Variation of trusts: confidentiality order
Chancery forms, including claim forms and applications for orders.
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Financial statement for a variation of an order for a financial remedy
Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.
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Application for variation of a placement order (Section 23 Adoption and Children Act 2002)
Forms relating to adoption, including those to request adoption, placement and parental orders.