“…n under an agreed order, must go further and show special circumstances such as to justify departing from the agreement reached, relying on Di Placito v Slater [2004] 1 WLR 1605. However, the exercise of the jurisdiction in this case is not in substance a variation of the Asplin Order; nor of the Undertaking as part of the regime put i…”
“…also used the word “discharged”, at [51], and referred to authorities which had dealt with applications to be released from an undertaking: Di Placito v Slater [2004] 1 WLR 1605 and Emailgen Systems Corp v Exclaimer Ltd & Anor [2013] 1 WLR 2132. Accordingly, althoughthere was no reference to Birch v Birch, it seems clear that the subst…”
“…In Di Placito v. Slater [2003] EWCA Civ 739, [2004] 1 WLR 1605, proceedings were compromised by consent on terms that included a voluntary undertaking by the claimant not to commence proceedings for the revocation of proba…”