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05 August 2010
Issue: 7429 / Categories: Case law , Law digest
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Family

Imerman v Tchenguiz and others, Imerman v Imerman [2010] EWCA Civ 908, [2010] All ER (D) 320 (Jul)

The courts could not condone the illegality of self-help consisting of breach of confidence because it was feared that the other side would behave unlawfully and conceal that which would be disclosed.

The wider Hildebrand rules (which had no basis on anything decided in Hildebrand) were not good law. The so-called Hildebrand rules, namely that the family courts would not penalise the taking, copying and immediate return of documents but do not sanction the use of any force to obtain the documents, were not justified in law, whether on the basis of lawful excuse, self-help, public interest, or indeed any other basis.

Nevertheless, as decided in Hildebrand, it was and remained the obligation of a wife who had obtained access to her husband’s documents unlawfully or clandestinely to disclose that fact promptly, either if asked by her husband’s solicitors or at the latest when she served her questionnaire. In ancillary relief proceedings whilst the court could admit evidence confidential to

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NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
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