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A baker's dozen of financial remedy cases (June to September 2015)

Date:4 JAN 2016
This article covers a selection of 13 of the more important financial remedy cases decided in the period from June until September 2015.

Arbili v Arbili [2015] EWCA Civ 542 was a needs case where the relevant assets were barely more than £1m. The principle appeal against the exercise of the judge's discretion was dismissed on the facts but H had also but illegally obtained information from W's computer which led him to mount an application to set aside the judge's order for non-disclosure. Neither the judge below nor the CA were prepared to read a document setting out H's instructions of what was contained within W's email account. Macur LJ applied the guidance in Imerman v Tchenguiz and Others [2010] EWCA Civ 908 as sufficient. The unlawfully obtained materials must be returned. The recipient's duty to make any relevant disclosure arising from them within the proceedings is triggered. 'The ability of the wrongdoer or their principle to challenge the sufficiency of the disclosure is confined to evidence of their memory of the contents of the materials [which] is admissable.' She cited the concluding...

Read the full article here.