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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

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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