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Family Law

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Court of Protection Practice and Procedure Conference 2016

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20 DEC 2005

ANCILLARY RELIEF: Charman v Charman

(Court of Appeal; Sir Mark Potter P, Lloyd and Wilson LJJ; 20 December 2005)

The principles governing requests addressed to courts of another country in respect of documents or of oral evidence, governed by Evidence (Proceedings in Other Jurisdictions) Act 1975, s 2(4), did not permit mere fishing expeditions. However, the further limitation which applied in ordinary civil litigation, that a request had to be confined to documents which the court was satisfied existed or had existed, did not apply in financial proceedings following divorce. Such a limitation would, in this special type of proceedings, largely deprive the jurisdiction of its efficacy to secure the production of documents, as in ancillary relief proceedings a wife would seldom have the knowledge with which to prove the existence of a document which might have a crucial bearing on the outcome of her financial application.

The full judgment and headnote for this case are now available in the fast reporting section of Family Law Reports online. Call 0117 918 1491 to subscribe to Family Law Reports online.

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