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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

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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