Podcast Location:
Download it here [file size: 34.4 MB]
Categories:
Family Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

In this CPDcast, Michael Horton, a barrister at Coram Chambers, discusses self-help disclosure and ill-gotten documents in ancillary relief proceedings.

Outcomes:
After completing the course you will:
  • Know the facts of Hildebrand;
  • Understand the principles established by Hildebrand;
  • Know the facts of T v T (Interception of Documents) [1994];
  • Appreciate the influence of the Human Rights Act 1998 and the Data Protection Act 1998;
  • Understand the relationship between the Hildebrand rules and the law of trespass to goods and other tortious liability;
  • Understand what is involved in a trespass to goods and conversion;
  • Know the legal consequences of White v Withers;
  • Know the facts of Imerman and the conclusions of the courts;
  • Understand what you should do if your client has original/copy documents belonging to her spouse;
  • Understand what you should do if your client has documents of a spouse after forms E have been filed;
  • Know when you should disclose that you have the otherside's documents;
  • Understand what is involved in Anton Pillar Search Orders and Preservation Orders.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Practical Guide
Sources and References:
  • Imerman v Imerman [2010] EWCA Civ 908;
  • Hildebrand v Hildebrand [1992] 1 FLR 244;
  • Data Protection Act 1998;
  • White v Withers and Dearle [2009] EWCA Civ 1122;
  • L v L [2007] EWHC 140 (QB);
  • Human Rights Act 1998;
  • T v T (Interception of Documents) [1994] 2 FLR 1083.

In this CPDcast, Michael Horton, a barrister at Coram Chambers, discusses self-help disclosure and ill-gotten documents in ancillary relief proceedings. He examines the development of the Hildebrand rules and the limits to self-help and the implications of the Imerman decision.He also discusses what to do if the client has original or copy documents belonging to their spouse; when to disclose you have the other side's documents and finally what steps can be taken to preserve evidence.

Podcast last reviewed: 2012-04-02

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