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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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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