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17 July 2009 / Shantanu Majumdar KC
Issue: 7378 / Categories: Features , Divorce , Family
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Part one: Shantanu Majumdar examines debt cases & a judge’s prerogative to change his mind

“A tactic now occasionally adopted by a devious husband confronted with an application by his wife for financial relief ancillary to divorce proceedings is to issue proceedings for a bankruptcy order to be made against himself.”

These opening words of Lord Justice Wilson’s judgment in Paulin v Paulin ([2009] All ER (D) 187 (Mar); Note [2009] 3 All ER 88; [2009] NLJR 475) found their way into the news sections of a number of newspapers including the redoubtable Yorkshire Post. The Daily Telegraph’s headline “Millionaire businessman declared himself bankrupt to avoid paying ex-wife alimony” was not obviously more sober than the Daily Mail but behind the language of sensation two important points of principle fell to be decided by the Court of Appeal relating to: (1) a judge’s jurisdiction to change his mind after judgment but before the order is sealed and (2) the annulment of a bankruptcy order made on the petition of the debtor. (The Court of

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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