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Stolen documents and their use in Court

  • Desperate4help
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23 Aug 12 #351494 by Desperate4help
Topic started by Desperate4help
Final hearing in 2 weeks time and still have not received
STBX answers to questionnaire. His form E was virtually blank and he disclosed absolutely nothing.

I have complied with all Directions and with the help of this wonderful community have done well so far.

However, today I received a letter from STBX solicitor stating that at an unspecified time he took bank statements and letters from our adult daughters bedroom and that they are going to produce them in Court..... I am disabled I have no money and live on benefits but because the statements and letters show transactions between my daughter and her grandmother they are saying this goes to prove I am hiding assets:blink:

My daughter has gone ballistic. The thought that the my STBX who she has not spoken to since 2010 after he assaulted her, has at some time in 2011/12 entered her room and stolen her documents has made her v.angry.

We believe the documents are privileged and cannot be used by him in support of his crazy claims. So my question is can someone steal documents and legitimately use them in a court case which the owner of the document is not party to?

  • sexysadie
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23 Aug 12 #351504 by sexysadie
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I don''t think so. My own solicitor was extremely careful to check where I had got documents and would never have used anything taken from another adult''s room. As far as I am aware you have to more or less leave them on the kitchen table where he can''t help but find them.

If you have a solicitor you should alert them to this immediately.

Best wishes,
Sadie

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23 Aug 12 #351515 by Action
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This must surely come under the ''self help'' law? My solicitor rejected a document that my ex left on his desk in our shared office. Sounds unbelievable that the solicitor says he helped himself to the documents. Hope someone on Wiki with the legal knowledge can advise soon.

  • u6c00
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23 Aug 12 #351519 by u6c00
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I looked this up recently. Up until 2 years ago the courts did not really care that documents were privileged/confidential. You can google the term Hildebrand rules and find an explanation.

Those rules were essentially thrown out in a case (Imerman v Imerman). The rules changed such that it is no longer permissible to ''self-help''

Confidential documents obtained via self-help can''t simply be submitted to the court.

You should speak to your solicitor about how Imerman applies in this case (as the confidential documents did not belong to you, his spouse, it may not be relevant here). You can read all about it here

By accepting the documents his solicitor could be opening himself up to being sued under civil law from your daughter. I really am shocked that a solicitor would allow their client to not only bring them confidential documents but then to admit in correspondence that he knows they were wrongfully obtained.

I think that at best he will have an extremely hard time trying to get that information before the court. At worst he (the solicitor) could get in a fair amount of trouble.

  • Lostboy67
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23 Aug 12 #351531 by Lostboy67
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Hi
Maybe I missed something, but the transaction was between your mother and your daughter, I assume neither of these were joint accounts with you, if that is the case then what the ***k do these have to do with you anyway.

LB

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24 Aug 12 #351535 by Desperate4help
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Lostboy67 wrote:

Hi
Maybe I missed something, but the transaction was between your mother and your daughter, I assume neither of these were joint accounts with you, if that is the case then what the ***k do these have to do with you anyway.

LB



My mother lived abroad at the time (more than 3 years ago incidently)and sent my daughter money to pay for cosmetic surgery and buy birthday christmas presents etc. Not joint accounts. STBX is a fantasist and has painted a picture that I am hiding money abroad with his solicitor actually writing these present prove a link with abroad. My mother has lived in the UK for the past 3 years. I know it sounds crazy because it is, what I dont understand is why STBX solicitor is risking my daughter suing them all for a client who takes home £1100 a month and equity in FMH is less that £40K before debts and legal costs are applied......

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24 Aug 12 #351539 by Desperate4help
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Thanks U6c00

I have researched everything you have suggested and am even more perplexed because I feel now that my own solicitor is conspiring against me and do not understand why she sent me this letter about the stolen documents with a one liner ........ comments please !!! Surely my own solicitor should be cautioning the opponents and telling me about imerman v imerman

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