Tuesday, 28 January 2014

What happens if the person who has obtained permission thinks he/she is in danger of breaching a court imposed condition of their permission?

If a person can foresee a situation where one of the original conditions of leave will not be possible to continue with, that person must make an application to the court in advance of the change to vary or discharge that particular condition.  

For example, the original condition might relate to a particular firm of accountants being retained as the company’s advisors. If that firm of accountants decides to cease trading or stop acting for the company for any reason – the person would have to get permission of the court to alter the original condition to allow another firm of accountants to be appointed in its place.  The key is to anticipate any possible problems and seek the court’s permission for a change to the original order BEFORE the breach takes place.