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10 January 2014 / David Burrows
Issue: 7589 / Categories: Features , Family
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Damage control? (Pt 2)

Confidentiality, privacy & disclosure: David Burrows examines the duty of disclosure under common law in the second of two articles

Part 1 of this series considered the confidentiality of information removed by one spouse from the other (after Imerman v Tchenguiz and ors [2010] EWCA Civ 908, [2011] 1 All ER 555); and whether the rules which restrict disclosure in financial remedy proceedings are intra vires the rule-makers. This article looks at when a duty of disclosure arises at common law; at circumstances where confidentiality can be overridden; and whether confidentiality or privacy and a duty to disclose are mutually compatible. And where does this leave the lawyer who is advising the client who has taken his/her spouse’s documents?

When does the duty of disclosure arise?

It is not clear on what date in law (as distinct from the date of filing Form E per Imerman at paras [33] and [44] and FPR 2010 r 9.14(1)) a party’s duty to disclose arises. In Livesey (formerly Jenkins) v Jenkins [1985] AC 424, [1985]

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MOVERS & SHAKERS

Fieldfisher—Will Sharp

Fieldfisher—Will Sharp

Fieldfisher boosts structured finance practice with appointment of Will Sharp

gunnercooke—Thomas Bjorn & Peter Rudd-Clarke

gunnercooke—Thomas Bjorn & Peter Rudd-Clarke

gunnercooke grows its life sciences team with new partner hires

Leonard Curtis Legal—Mark Maguire & Kane Jones

Leonard Curtis Legal—Mark Maguire & Kane Jones

Leonard Curtis Legal expands corporate team with twonew appointments

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Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
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A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
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