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Love in a cold climate

09 December 2010 / Jamie Wilson
Issue: 7445 / Categories: Features , Divorce , Family , Ancillary relief
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Jamie Wilson reports on uncertain times in a post Imerman era

It has now been four months since the Court of Appeal’s landmark ruling in Tchenguiz v Imerman and Others [2010] EWCA Civ 908, [2010] All ER (D) 320 (Jun), yet there is still a great sense of unease among matrimonial practitioners about the fallout from the decision and how, in reality, Hildebrand type cases can be run.

The old “self-help” principles have been dismantled and it is now the case that a husband and wife are each entitled to privacy against the other. Not only is there now a greater chance of one party’s claims being defeated (as the opportunity to find that “telling” document is restricted), but there is the added risk of both civil and criminal sanctions for both the client and his or her legal representatives. 

In light of the decision, matrimonial practitioners need to establish parameters within which ancillary relief cases can now be managed, and confidential documents dealt with, in a post Imerman climate.

It

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MOVERS & SHAKERS

Pillsbury—Lord Garnier KC

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Appointment of former Solicitor General bolsters corporate investigations and white collar practice

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Firm strengthens international strategy with hire of global relations consultant

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

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Partner and associate join employment practice

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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