header-logo header-logo

Family

05 August 2010
Issue: 7429 / Categories: Case law , Law digest
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll