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Stolen documents and their use in Court

  • Desperate4help
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24 Aug 12 #351617 by Desperate4help
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Daughter has received email from STBX solicitor stating.............

The issue of disclosure of these types of documents is referred to in the case of Imerman vs Imerman (2009) EWHC 3486. Our client has been advised with reference to this particular case..........

In the interest of accuracy and having read many articles re the later hearing in the Court of Appeal Juy 2010
Is self help still referred to as I v I 2009 or I v I ????????? 2010

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24 Aug 12 #351622 by u6c00
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My understanding is that the 2009 order allowed the wife to retain some of the documents (after the husband had checked the files for privileged information he had to hand the documents back to the wife).

In the 2010 appeal the wife was ordered to return all documents and retain no copies.

It would seem that it''s more correct to reference the 2010 appeal rather than 2009, but as I said, I''m no solicitor and if anyone can correct me please go ahead.

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24 Aug 12 #351623 by cookie2
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Pursuing this is simply a waste of time and money. Tell your daughter to ignore that email. If your husband wants to waste his costs by having his solicitor write this kind of thing then that is up to him. You should not play this stupid game, it will just cost you money and not gain you anything.

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24 Aug 12 #351632 by u6c00
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Cookie gives wiser advice than me.

It''s true that you could pursue something along the lines that I''ve suggested but it will cost you more in the long run.

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29 Aug 12 #352522 by Desperate4help
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cookie2 wrote:

Pursuing this is simply a waste of time and money. Tell your daughter to ignore that email. If your husband wants to waste his costs by having his solicitor write this kind of thing then that is up to him. You should not play this stupid game, it will just cost you money and not gain you anything.


Pursuing this is not a waste of time at all but has proved cathartic. Having kept my files pristine it took less than 30 minutes to compile a complaint. I am also writing articles on my experiences in the hope that they will get published and if it helps just one person I will be satisfied.

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04 Sep 12 #353717 by Desperate4help
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So........... after complaining immediately to the SRA my daughter received copies and originals of the stolen bank documents together with a letter from stbx solicitor stating they had never actually been read or perused and would not be used anywhere.

So today I received a copy of a letter sent by stbx solicitor to the Judge in advance of the final hearing which is this week.........mentioning my daughters bank statements stating that I have been told to bring the original docs to the Court as they invite the Court to decide if I have the right to withold inspection!
Also that I state in writing that I have the right to withold inspection and on what grounds CPR 31.19 (3)

Can anyone comment please.

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04 Sep 12 #353718 by Desperate4help
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Right of inspection of a disclosed document

31.3


(1) A party to whom a document has been disclosed has a right to inspect that document except where –


(a) the document is no longer in the control of the party who disclosed it;


(b) the party disclosing the document has a right or a duty to withhold inspection of it;


(c) paragraph (2) applies; or


(d) rule 78.26 applies.

(Rule 31.8 sets out when a document is in the control of a party)

(Rule 31.19 sets out the procedure for claiming a right or duty to withhold inspection)

(Rule 78.26 contains rules in relation to the disclosure and inspection of evidence arising out of mediation of certain cross-border disputes.)


(2) Where a party considers that it would be disproportionate to the issues in the case to permit inspection of documents within a category or class of document disclosed under rule 31.6(b) –


(a) he is not required to permit inspection of documents within that category or class; but


(b) he must state in his disclosure statement that inspection of those documents will not be permitted on the grounds that to do so would be disproportionate.

(Rule 31.6 provides for standard disclosure)

(Rule 31.10 makes provision for a disclosure statement)

(Rule 31.12 provides for a party to apply for an order for specific inspection of documents)

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