Bankruptcy Reconsidered – Paulin v Paulin v Cativo Ltd

The judgment of the Court of Appeal in the case of Paulin v Paulin v Cativo Ltd [2009] EWCA Civ 221 is (unusually for a bankruptcy related AR decision) a really interesting read (thanks Family Lore Focus). It covers two discrete issues: the annulment of a husband’s petition for bankruptcy in the context of ancillary relief proceedings (updating previous posts I have made on the subject – now out of date due to appeals and further case law), and the circumstances in which a judge may reverse his decision prior to the perfection of the order by sealing. The twists and turns of the Husband’s antics in order to defeat his Wife’s claims are an entertaining plot in themselves, but the review and analysis of the authorities on judges changing their mind after judgment is given is also really helpful for future reference. I won’t recount the legal analysis here because it will make your eyes water, but this is an authority to keep hold of for that time when you really need a  quick run down on whether or not the judge can properly reconsider his decision. Keep it on the shelf.

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