header-logo header-logo

Whiter than white

04 December 2009 / Hayley Trim
Issue: 7396 / Categories: Features , Family
printer mail-detail

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 Hildebrand requirements, is that in itself a good defence to

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

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
back-to-top-scroll