The court considered an application by the wife when, anticipating ancillary relief claims, the husband sought to have himself declared bankrupt, and she intervened to have the bankruptcy set aside. The husband now appealed.
Held: Wilson LJ set out examples of the application to particular facts of the jurisdiction to reverse an error prior to the perfection of a judgment. The jurisdiction does not exist so as to enable a party to re-argue points already argued orally or to advance points which were not argued before judgment was given.
Wilson LJ said: ‘Until 1972 the courts made no attempt to narrow the circumstances in which it would be proper for a judge to exercise his jurisdiction to reverse his decision prior to the sealing of the order’.
Judges:
Wilson, Longmore, Lawrence Collins LJJ
Citations:
[2009] EWCA Civ 221, [2009] 2 FLR 3, [2009] BPIR 572, [2009] 3 All ER 88, [2009] Fam Law 567, [2009] 2 FCR 477
Links:
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 5) Admn 16-Oct-2009
The claimant sought to assert that he had been tortured whilst held by the US Authorities. He sought publication of an unredacted report supplied by the US security services to the respondent. The respondent argued that the full publication was . .
Cited – Sheikh and Another v Dogan and Others ChD 17-Nov-2009
The judge had reserved his judgment, but had since received further voluminous representations from a party.
Held: None of the matters raised suggested a proper reason for exercising the jurisdiction given by In re Barrell. The claimant was . .
Cited – Re L and B (Children) SC 20-Feb-2013
The court was asked as to the extent to which a court, having once declared its decision, could later change its mind. Though this case arose with in care proceedings, the court asked it as a general question. The judge in a fact finding hearing in . .
Cited – TZ v General Medical Council Admn 17-Apr-2015
Appeal against decision of a Fitness to Practise Panel holding that the Appellant’s fitness to practise as a medical practitioner was impaired by reason of his misconduct. It directed that his name be erased from the Medical Register under section . .
Lists of cited by and citing cases may be incomplete.
Family, Insolvency, Litigation Practice
Updated: 23 July 2022; Ref: scu.321828