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England and Wales decisions
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There is no principled reason to refuse inclusion of a penal notice in the sealed order; amendments to CPR 81 reverse the Taray Brokering decision and clarify that a penal notice is a warning notice added as necessary.
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Allen v Stuart & Anor (Addendum Judgment) [2026] EWHC 664 (KB) (11 March 2026)
The High Court held that a penal notice could be included in the sealed order recording undertakings, and that current CPR 81 permits its addition at a party’s request.
The High Court held that West Sussex County Council unlawfully refused to fund a claimant’s care and to recover past payments, because the personal injury trust fund had to be disregarded under the Care Act regime.
The heads of terms (HOT22) were not legally binding as they were expressly subject to contract; the respondent's undertaking was time-limited and did not create enforceable rights for the appellant; no estoppel could arise from a subject to contract agreement; the trial judge's findings and procedure were correct; there was no real prospect of success on grounds one to nine of the appeal.
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The court applied the equal sharing principle to Category 1 matrimonial assets, transferring the family home to the wife and ordering an equalising lump sum to account for the husband's purchase costs. For contingent assets (private equity carry and related interests), the court determined the wife's share based on the extent of marital vs post-separation endeavour, awarding 50% of Fund A2 carry, 30% of Fund A3 carry, 50% of directly held Fund B1 carry, and 30% of Fund B1 carry via HMF/HC. The wife must undertake to reimburse 35% of any BN loan repayments, secured by a charge on the family ho…
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ABC v XYZ (Financial Remedies: Release from Undertakings and Variation of Periodical Payments Order) [2025] EWFC 370 (B) (08 November 2025)
The Family Court released the applicant from undertakings in a 2020 consent order and reduced maintenance to £2,900 per month, payable for joint lives.
The court finds it contrary to the interests of justice to prevent the Claimant from pursuing claims against the Defendant using material disclosed under the previous order, and is minded to discharge the current undertaking, subject to the Claimant providing a more limited undertaking restricting use of the material to specified proceedings.
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There is insufficient evidence to justify varying the periodical payments either upwards or downwards; the current award remains appropriate given the child's needs, the mother's caring role, and the parties' resources. The court lacks jurisdiction and evidence to make specific issue orders regarding foreign registration or passport. The Respondent's intermediary is released from undertakings due to ill health and retirement, with alternative arrangements in place.
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A Child, Re (Schedule 1, 1989 Act; Variation) [2025] EWHC 1254 (Fam) (23 May 2025)
The High Court refused competing applications to vary Schedule 1 maintenance and declined a passport and registration order, but released the respondent’s intermediary from undertakings.
The grant of planning permission constitutes a material change in circumstances, and the Council's delay and alternative enforcement powers render the undertakings unnecessary; the duty of full and frank disclosure was discharged as the omitted documents were not materially relevant.
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