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12 August 2010 / Amy Taylor
Issue: 7430 / Categories: Features , Divorce , Family
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A secret history

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

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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
Law firm trainees are choosing US firms over their UK comparators, according to Chambers’ annual report on UK trainee satisfaction
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
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