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04 December 2009 / Hayley Trim
Issue: 7396 / Categories: Features , Family
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Whiter than white

Is Hildebrand a good defence? asks Hayley Trim

The Court of Appeal handed down judgment in the case of Marco Pierre White v (1) Withers LLP & anor (2) Marcus Dearle [2009] EWCA Civ 1122, [2009] All ER (D) 304 (Oct) in October.

The celebrity chef had appealed the decision of Eady J to strike out his claim for damages against Withers and Mr Dearle for their part in the taking and interception of his documents by his wife. The Court of Appeal allowed his appeal thus permitting Mr White to proceed with his claim.

So what of the Hildebrand principles which, within certain parameters, permit a party to a marriage to copy documents belonging to their spouse and produce those documents as evidence within the ancillary relief proceedings (usually at post form E /Questionnaire stage)?

What should family practitioners advise their clients about taking their spouse’s documents and what should they themselves do to avoid claims such as that brought by Mr White? And even if they comply to the letter with the

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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