Marco Pierre White case could leave family lawyers in a stew

Marco Pierre White, the celebrity chef, is taking legal action in the Civil Courts against Withers, the City law firm representing his wife for wrongful interference with his property and the outcome is potentially 'game changing' for clients and lawyers alike in divorce proceedings

Steven Jackson, Consultant with Higgs & Sons' said, "The outcome of this case, which will be heard in full later this year, may well have a significant effect on the way we conduct financial matters on behalf of clients"

Under a case known as Hildebrand, decided in 1992, Family Courts have permitted a certain amount of self-help detective work by a spouse who believes their partner to be withholding relevant financial information, as long as any documentation taken had been copied, and the other side told about its existence. Keeping originals, removal of hard disks and deliberate interception of information or documentation is not permissible. Pierre White was particularly upset about only discovering a letter from his daughter via the opposition lawyers and claims that his wife says her lawyer told her to intercept mail. Marco Pierre White's wife and lawyer deny the claim.

So far clients have always had to be aware of these 'house rules', as any lawyer would be well within their rights not to accept any evidence they suspect to be ill-gotten.

Steven Jackson goes on to say, "Clients should be advised against dirty tricks in this area and not to behave improperly in seeking documents and information from the other side".

However the importance of the Pierre White case is that lawyers representing the suspicious party could potentially be liable to the opposition spouse in the Civil Courts. The outcome of the case is therefore eagerly awaited. It may result in similar cases being brought and therefore in lawyers having to be even more vigilant when it comes to evidence collected and presented by the client.

Consequently, clients will need to be aware that they will have to make it absolutely clear that their research is indisputably above board because if not they also may be liable in the Civil and indeed Criminal Courts. 

For more information about Higgs & Sons' Family department please contact Steven Jackson on 01384 327184

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