Survey demonstrates ongoing impact of Imerman v Tcheinguiz
Family lawyers are increasingly handling divorce cases in which they have knowledge of concealed assets or income but are unable to rely on any of the documents in court.
According to Grant Thornton’s ninth annual matrimonial survey, 29% of lawyers (compared with 22% last year) have had to deal with this situation. The rise may reflect the continuing impact of the 2010 case of Imerman v Tchenguiz [2010] EWCA Civ 908, on unlawfully obtained information.
In Imerman, the wife’s brother, who shared an office with the husband, accessed the office servers and copied files including password-protected material because he feared the husband would conceal his assets. The court would not let the wife use any of the information.
Sally Longworth, partner in Grant Thornton’s forensic and investigations services practice, says: “One of the clearest messages from this year’s survey is the increased burden being placed on family lawyers as a result of having to explain to clients that they cannot always use the documents they have obtained. This has often resulted in the lawyers, and their clients, feeling that they have not got a fair settlement.”
The survey found women are more likely to petition for divorce, and growing apart or falling out of love is the most common reason for the second year running (25%) with infidelity a close second (24%).
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