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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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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