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19/01/10 - Marco Pierre White questions Family Law conduct

Having dined on a couple of occasions at Marco Pierre White's restaurant in Berkshire (his fish pie being highly recommended) I have the highest regard for his culinary skills. However, I do not have the same respect and regard for the proceedings which Mr White is bringing through the Courts - indeed they will be of concern to many solicitors.

Pursuant to the 1992 case of Hildebrand-v-Hildebrand, solicitors have often advised their client (husband or wife) that it would be in his/her interest to remove or copy documents belonging to the spouse.

Marco Pierre White brought proceedings against his wife's solicitors alleging that they had advised her to take his mail. His claim was struck out. However, his appeal against that striking out was successful. The Court must now determine what "proper conduct" is for solicitors. That must now be clarified by the Court.

In the Marco Pierre White case the Court was particularly concerned about a letter sent to Marco Pierre White from his daughter, Letty which had been intercepted and which White did not see until it was produced by the wife's solicitors.

The question for the Court to determine is whether or not the interception and retention of that letter from Letty was proper conduct.

Will the outcome of this case result in solicitors acting for husband or wife advising that it is not appropriate for him/her to remove or copy documents belonging to the other spouse? Perhaps there is a difference between (a) interception by wife and non-disclosure by wife's solicitors of a letter sent to husband by daughter as against (b) wife taking copies and immediately returning documents which are to be used in financial relief proceedings arising out of divorce.

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