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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

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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