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Using STBX's confidential documents as evidence

  • T W Dixon
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04 Feb 22 #518795 by T W Dixon
Topic started by T W Dixon
Can a party in ancillary relief proceedings use (as evidence in the proceedings) confidential correspondence that belongs to the other party - or would trying to do so risk doing more harm than good?

The context for this question is that
  • there is a “Final Hearing” in July 2022,
  • neither party has legal representation,
  • the Wife has copies of correspondence and documents (about the Husband’s “WorkSave Pension Plan”) that “Legal & General” sent to him five years ago (when the parties were together) and is marked “Private and Confidential”,
  • the Wife had the originals of these documents, she recently scanned them and sent them to the Husband by email, now she is (at his request) sending the originals to him by post and she still has the scanned versions,
  • the Wife says that the Husband asked her (five years ago) to look after the documents on his behalf but he says that she has stolen them from him and that the Data Protection Act 2018 prohibits her from copying or sharing them,
  • the Husband has disclosed his recent pay-slips and they refer to “pension” deductions / contributions,
  • in section 2.13 on page 12 of the Husband’s financial statement form E, which asks for details of all his pension rights, he has written “N/A” (and nothing else),
  • the Wife is considering making an interim application to the court for an order that the Husband do provide a statement, attaching any documents that support his account, that gives either details of his pension rights or an explanation of (a) the entries on his pay-slips and (b) the contents of the correspondence and documents that “Legal & General” sent him and
  • for what it’s worth, the Husband is in the same job as he was five years ago but the Wife does not know whether the pension contributions that his pay-slips refer to go to “Legal & General” - or whether there might, in the intervening five years, have been a change of pension scheme.

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