A party seeking release from an undertaking to the Court must demonstrate a significant change of circumstances or new facts not reasonably known at the time the undertaking was given. Circumstances known to the party at the time of giving the undertaking, even if not yet quantified or the subject of formal proceedings, do not constitute 'new facts' for this purpose. Breach of an undertaking to the Court may attract indemnity costs both under the Court's inherent jurisdiction over undertakings and under ordinary indemnity costs principles where the defaulting party has engaged in deliberate delay and unmeritorious resistance.
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