Surprise Ruling on Disclosure by Alan Foster
The Court of Appeal has just given judgement in what is being described as a landmark case, on disclosure in family proceedings.
The ruling is likely to have considerable implications for husbands and wives in divorce proceedings in relation to documents that are obtained during the course of the proceedings which belong to the other party. It is often the case that a husband or wife will produce to their lawyers documents which actually belong to the other. These documents are often of great relevance to the financial position of the other party and had been used to shed light on parties’ financial positions which they have sought to keep private.
The Court ruling potentially substantially reduces the extent to which such documents can be used and means that parties will have to be very careful in future, as in future any attempt by one party in a divorce case to take documents belonging to the other without permission could result in a heavy costs order and/or criminal proceedings.
The judgement relates to a case where documents taken from a business man, Mr Imaman, without his permission were sought to be used at a divorce hearing.
A more detailed analysis of the judgement and the implications for husbands and wives in relation to disclosure in divorce proceedings will follow in an article to be posted on our website.
Alan Foster of Rix & Kay Solicitors LLP says that this is a potentially important judgement which will need careful study. Alan states that it is often the case that matrimonial clients do bring in to him documents which are addressed to the other party and which clearly in the legal sense may belong to them. In the past clients have been able to use this information under what was called the Hilderbrand Rules following the decision in the case of that name. In future, family lawyers are going to be particularly careful in the use they make of such documents and the advice that is given to clients who may be considering the obtaining of such information and documents from their spouse. The ruling is likely to have considerable implications for family lawyers and will need careful study.
