header-logo header-logo

Love in a cold climate

09 December 2010 / Jamie Wilson
Issue: 7445 / Categories: Features , Divorce , Family , Ancillary relief
printer mail-detail

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

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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll