About the Family Law Week blog

The Family Law Week Blog is a companion site to Family Law Week. It complements the news, cases and articles published on Family Law Week with additional comment and coverage of the wider aspects of family law.

The Blog is edited by Jacqui Gilliatt, of 4 Brick Court and Lucy Reed, of St Johns Chambers.

Friday, 30 July 2010

Imerman - Hildebrand Documents Clarified

The Court of Appeal has given Judgment in Imerman: Husband's documents to be returned to him. Hildebrand v Hildebrand does not authorise use of wrongfully obtained documents. Permission to appeal to the Supreme Court has been refused by the Court of Appeal, but it may yet be sought from the Supreme Court.

Judgment here.

1 comment:

Peter said...

When stating that a party who shows 'Hildebrand' documents to their solicitor may be prevented from continuing to instruct that solicitor the Court of Appeal ignored the right of the citizen to seek and be given legal advice. If we don't see the documents how is the client going to get advice on whether they are or are not capable of attracting the protection of the law of confidentiality.

In addition, having been so trenchant in their view that Mr Imerman was entitled to have his expectation of confidence upheld, why did they direct that the documents should go to his solicitors and not to him. Surely the logic of their decision was that he and he alone had the right to decide who should see his documents. There is nothing in the judgement which suggests he had agreed to his solicitors seeing the documents so the decision looks a little half baked.