header-logo header-logo

09 December 2010 / Jamie Wilson
Issue: 7445 / Categories: Features , Divorce , Family , Ancillary relief
printer mail-detail

Love in a cold climate

Jamie Wilson reports on uncertain times in a post Imerman era

It has now been four months since the Court of Appeal’s landmark ruling in Tchenguiz v Imerman and Others [2010] EWCA Civ 908, [2010] All ER (D) 320 (Jun), yet there is still a great sense of unease among matrimonial practitioners about the fallout from the decision and how, in reality, Hildebrand type cases can be run.

The old “self-help” principles have been dismantled and it is now the case that a husband and wife are each entitled to privacy against the other. Not only is there now a greater chance of one party’s claims being defeated (as the opportunity to find that “telling” document is restricted), but there is the added risk of both civil and criminal sanctions for both the client and his or her legal representatives. 

In light of the decision, matrimonial practitioners need to establish parameters within which ancillary relief cases can now be managed, and confidential documents dealt with, in a post Imerman climate.

It is firstly important to identify the extent to which

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll