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Getting a clear picture

24 February 2012 / Andrew Moore
Issue: 7502 / Categories: Features , Family
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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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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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