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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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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

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A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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