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Judgment: The parties had been married and had a ten-year-old daughter. The proceedings had been protracted and involved substantial costs. The judge had made an income clean break order. The husband had applied to enforce the outstanding payment of the lump sum. The wife now applied to set the order aside, make a new order or vary its terms insofar as it dismissed income claims and required payment of a lump sum. She argued that where there was an executory order which had not been fully implemented, and the current circumstances were inequitable, the original order should be set aside and everything opened up again. She placed specific reliance on Thwaite [1981] 2 All ER 789. DDJ David Hodson dismissed her application, apart from as to the date of payment. He was satisfied that the appropriate test was either "significant change of circumstances or quasi-Barder" and in his view none of the reasons given in this case came remotely close.

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