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Getting a clear picture

24 February 2012 / Andrew Moore
Issue: 7502 / Categories: Features , Family
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Andrew Moore reflects upon the trials & tribulations of adverse inferences

In the recent case of NG v SG [2011] EWHC 3270 (Fam), [2011] All ER (D) 180 (Dec), Mostyn J set out clear guidance to assist the courts in drawing adverse inferences following materially deficient disclosure by one party and how it should be applied to the apportionment of the assets between the parties. This judgment is important reading for practitioners, as their requests for the court to draw adverse inferences are likely to have increased in number, and importance, following the cases of White v Withers LLP [2009] EWCA Civ 1122, [2009] All ER (D) 304 (Oct) and Imerman v Tchenquiz & Others [2010] EWCA Civ 908, [2011] 1 All ER 555.

The decisions in those cases made it clear that the so-called “Hildebrand rules” were not good law and that unlawful conduct cannot be justified simply because it is feared that full financial disclosure will not be forthcoming. The effect was to clip the wings of litigants who,

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MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

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Jackson Lees Group—five promotions

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Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

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Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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