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24 February 2012 / Andrew Moore
Issue: 7502 / Categories: Features , Family
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Getting a clear picture

Andrew Moore reflects upon the trials & tribulations of adverse inferences

In the recent case of NG v SG [2011] EWHC 3270 (Fam), [2011] All ER (D) 180 (Dec), Mostyn J set out clear guidance to assist the courts in drawing adverse inferences following materially deficient disclosure by one party and how it should be applied to the apportionment of the assets between the parties. This judgment is important reading for practitioners, as their requests for the court to draw adverse inferences are likely to have increased in number, and importance, following the cases of White v Withers LLP [2009] EWCA Civ 1122, [2009] All ER (D) 304 (Oct) and Imerman v Tchenquiz & Others [2010] EWCA Civ 908, [2011] 1 All ER 555.

The decisions in those cases made it clear that the so-called “Hildebrand rules” were not good law and that unlawful conduct cannot be justified simply because it is feared that full financial disclosure will not be forthcoming. The effect was to clip the wings of litigants who,

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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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