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A secret history

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

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