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He requested information from the wife during the financial proceedings that he already had from the documents he had taken. However, the husband was entitled to rely on the information in the proceedings. For the eighteen years that followed, the Hildebrand rule prevailed when it came to managing self-help in financial remedy proceedings. Those solicitors were directed to fillet the files to remove material to which legal professional privilege attached, and the documents were then to be returned to the wife.
Those two appeals were conjoined and the tension between the contrasting approach as between the two divisions resolved by the Court of Appeal. The Court of Appeal held:. The Court of Appeal distilled the following principles as applying to self-help in financial remedy proceedings:. Thorpe LJ sought to identify the special circumstances that apply in financial remedy cases, such that greater leeway might be given when adapting general civil law rules to the family context:.
The judge must be satisfied that he has, or at least that he has sought, all the information he needs to discharge the duty imposed on him to find the fairest solution. The duty is absolute. Breaches take many forms. A bank account or some other asset is not declared. That tactic gives rise to the counter, filching and copying the contents of desk, briefcase or computer now proscribed by the decision of this court in Tchenguiz v Imerman [] EWCA Civ , the effects of which have yet to be worked out.
He noted that this could be either by direct evidence raising the question of whether direct evidence obtained unlawfully in contravention of Imerman could be admitted in the proceedings or by inferences from other material. Mr Justice Mostyn provided the following guidance to managing Imerman issues in practice:. Her knowledge is admissible evidence.
