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09 December 2010 / Jamie Wilson
Issue: 7445 / Categories: Features , Divorce , Family , Ancillary relief
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Love in a cold climate

Jamie Wilson reports on uncertain times in a post Imerman era

It has now been four months since the Court of Appeal’s landmark ruling in Tchenguiz v Imerman and Others [2010] EWCA Civ 908, [2010] All ER (D) 320 (Jun), yet there is still a great sense of unease among matrimonial practitioners about the fallout from the decision and how, in reality, Hildebrand type cases can be run.

The old “self-help” principles have been dismantled and it is now the case that a husband and wife are each entitled to privacy against the other. Not only is there now a greater chance of one party’s claims being defeated (as the opportunity to find that “telling” document is restricted), but there is the added risk of both civil and criminal sanctions for both the client and his or her legal representatives. 

In light of the decision, matrimonial practitioners need to establish parameters within which ancillary relief cases can now be managed, and confidential documents dealt with, in a post Imerman climate.

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NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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