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Stolen documents and their use in Court

  • Lostboy67
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24 Aug 12 #351541 by Lostboy67
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Hi,
Its quite common for one (or even both parties) to think the other has a ''pot of gold'' hidden away, the truth is that it is rarely the case.
I can''t see how a transaction between your mother and daughter is anything to do with you, unless there was an email stating that it was money your mother held for you. But even then there is the question of how admisable this would be.
It seems your ex is keen to waste the 40k equity on solicitors fees :-(

LB

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24 Aug 12 #351542 by u6c00
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It is surprising. Every solicitor would know this one, it''s a recent landmark case.

Your daughter''s correspondence is protected under article 8 of ECHR. That''s what she would probably use if she wanted to start civil proceedings. However, civil proceedings are expensive, complex and way beyond the law skills of most of us on here (not to mention that she would be going up against a lawyer anyway!)

I would write out your explanation for your solicitor''s benefit but ask directly: ''Does Imerman apply here?'' I''m not a solicitor so if your solicitor gives you an explanation then take his advice over mine!

  • Desperate4help
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24 Aug 12 #351546 by Desperate4help
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My daughter and mother fired off a letter to STBX solicitor stating that had reported theft to Police and had incident no and demanded return of docs and any copies immediately.


STBX solicitor actually replied this evening with.....

It is not accepted that the documents were stolen as there was no intention on stbx part to permanently deprive.....

no breach of data protection act as docs are necessary for the purpose of ongoing legal proceedings.......

My daughter is a working adult with her own private bank account. Money to her was sent from my mothers sole name bank account........... I just dont get it :(

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24 Aug 12 #351547 by u6c00
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Solicitor may be right that it is not a criminal act but it is certainly in breach of ECHR ("Everyone has the right to respect for his private and family life, his home and his correspondence.")

I''m surprised that police gave you an incident number rather than telling you it was a civil matter.

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24 Aug 12 #351556 by Desperate4help
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u6c00 wrote:

Solicitor may be right that it is not a criminal act but it is certainly in breach of ECHR ("Everyone has the right to respect for his private and family life, his home and his correspondence.")

I''m surprised that police gave you an incident number rather than telling you it was a civil matter.


I have a non-mol and occuption in force against him and the Police are sick of him.

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24 Aug 12 #351607 by cookie2
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Desperate4help wrote:

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

It does not make sense to get paranoid like this. Nobody is ganging up on you or conspiring against you. Yes of course your solicitor is aware of Imerman vs Tchenguiz as every solicitor in the country is, it was a very high profile case. But should your solicitor spend an hour writing you a letter explaining all of that (and charging you £200 plus VAT for doing so)? Or simply ask for your comments on the information that has been supplied?

I would simply reply saying that transfers between your daughter and mother are nothing to do with you or your divorce, and reiterate that you have given full and frank disclosure.

To go down the privacy road, I do not think is worth it. Yes your husband did wrong by taking them but what will you gain by fighting about that? The documents are irrelevant to your case. It does not make sense to spend £1000 in solicitors fees trying to get them struck off when they are not going to help him anyway. It is a waste of costs.

If your daughter wants to take civil action against your husband for invasion of privacy then she can do so, but again, I do not think it would be worthwhile.

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24 Aug 12 #351613 by Action
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Brilliant response by Cookie. Don''t give him or his solicitor the pleasure of engaging in their games - just nip it in the bud and concentrate on what you need to.

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