header-logo header-logo

Home Login E-newsletter About us
12 August 2010 / Amy Taylor
Issue: 7430 / Categories: Features , Divorce , Family
printer mail-detail

A secret history

© Copyright LexisNexis 2026. All Rights Reserved.

Amy Taylor reports on non-disclosure & the Hildebrand myth

Ever since the judgment in Hildebrand v Hildebrand [1992] 1 FLR 244 the so-called “Hildebrand rules” have guided the approach family practitioners have taken towards access by one spouse to documents belonging to the other spouse. Wives (for ease of reference, this article assumes the wife is seeking ancillary relief from the husband) have long been advised to take copies of any significant documents belonging to their husbands provided that the originals are returned and no illegal act is committed in the process.

The recent Court of Appeal judgment in Tchenguiz v Imerman; Imerman v Imerman [2010] EWCA Civ 908, [2010] All ER (D) 320 (Jul), however, has revealed the Hildebrand rules to be nothing more than a myth, condemning them as “unlawful”. Consequently, action previously condoned by Hildebrand could now lead to practitioners and their clients being subject to civil and even criminal sanctions.

The Imerman story

In Imerman, the Court of Appeal ruled on two interlocutory appeals from the Queen’s

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

Read All
Sponsored by
NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
Read All
NLJ this week: Push to scrap ‘vague’ public office misconduct law
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
NLJ this week: World Cup faces legal storm before kick-off
FIFA’s 2026 Men's World Cup is already mired in controversy, with complaints over ‘excessive prices’ and opaque ticketing. Writing in NLJ this week, Professor Dr Ian Blackshaw of Valloni Attorneys warns that governing bodies may face scrutiny under EU competition law, with allegations of a ‘dominant—if not monopolistic—position’ in ticket sales
NLJ this week: Trade mark practice splits widen post-Brexit
Ten years after Brexit, UK and EU trade mark regimes are drifting apart in practice if not principle. Writing in NLJ this week, Roger Lush and Lara Elder of Carpmaels & Ransford highlight tighter UK scrutiny after SkyKick, where overly broad filings may signal ‘bad faith’
NLJ this week: Sanctions ruling casts ‘wide net’ over global finance
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
NLJ this week: England’s courts cement status as fraud battleground
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Copyright © 2026 LexisNexis
back-to-top-scroll