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05 August 2010
Issue: 7429 / Categories: Case law , Law digest
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Family

Imerman v Tchenguiz and others, Imerman v Imerman [2010] EWCA Civ 908, [2010] All ER (D) 320 (Jul)

The courts could not condone the illegality of self-help consisting of breach of confidence because it was feared that the other side would behave unlawfully and conceal that which would be disclosed.

The wider Hildebrand rules (which had no basis on anything decided in Hildebrand) were not good law. The so-called Hildebrand rules, namely that the family courts would not penalise the taking, copying and immediate return of documents but do not sanction the use of any force to obtain the documents, were not justified in law, whether on the basis of lawful excuse, self-help, public interest, or indeed any other basis.

Nevertheless, as decided in Hildebrand, it was and remained the obligation of a wife who had obtained access to her husband’s documents unlawfully or clandestinely to disclose that fact promptly, either if asked by her husband’s solicitors or at the latest when she served her questionnaire. In ancillary relief proceedings whilst the court could admit evidence confidential to another party, it had power to exclude such evidence if

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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