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Another look at Imerman documents
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Court of Appeal look again at unlawfully obtained documents
In
Arbili v Arbili [2015] EWCA Civ 542 the duties of a client and his/her lawyer over documents unlawfully obtained by the client was reviewed by the Court of Appeal. There were two appeals. The first was against an order in financial remedy proceedings which is of no immediate interest here and was dismissed by the Court of Appeal.
The second appeal concerned ‘the procedure adopted in a subsequent hearing at which [H] sought directions in his application to set aside the financial order on the basis of the alleged material non-disclosure by [W]’ ([1]). The interest in this appeal (also dismissed) is that it is a review by the Court of Appeal (Macur LJ and Sir Brian Rix) of steps which should be taken where documents or information are obtained ‘unlawfully’ by one party (
Imerman documents after
Tchenguiz & Ors v Imerman (Rev 4) [2010] EWCA Civ 908 [2010] 2 FLR 814).
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Read the full article here.
