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

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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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