Barrell applications

The Barrell jurisdiction refer to a judge’s ability to change their mind and reverse their judgement before their order has been “perfected” (i.e. prior to the sealing of the order). Of note is the case of Re L & B (Children) [2013] UKSC 8, where the judge initially held that a father was responsible for unexplained injuries to his baby. Two months later, and before the judgment had been sealed, the judge changed their mind and determined that either parent could have been responsible. At the Supreme Court, Lady Hale confirmed that the judge was able to change their mind before the judgment was sealed and held that the power of judges to reverse their decisions is not limited to exceptional circumstances. She emphasised that the overriding objective is fairness, and where children are involved, their welfare will be paramount. Whether a party has already relied on the order to their detriment should also be considered.

However, given the need for judicial certainty, Barrell applications are rare, and their use was discouraged in AR v ML [2019] EWFC 56, where the court emphasised that they would rarely be acceptable. 

If you are unhappy with your financial settlement and believe the court’s judgment should be revisited, contact Vardags today for a free initial consultation with one of our expert divorce solicitors.  

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