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Litigation Letter

Disclosure of solicitors’ file

Kimber v Brookman Solicitors [2004] 2 FLR 221

In ancillary relief proceedings, the husband disappeared having raised £450,000 against the former matrimonial home, which was transferred to his sole name for that purpose, and removing £650,000 from a joint account. He terminated his instructions to his solicitors, the defendant, retaining them solely as a letter box address. Rule 2.61(7) of the FPR 1991 provides: ‘Any party may apply to the court for an order that any person do attend an appointment (and inspection appointment) before the court and provide any documents to be specified or described in the order, the inspection of which appears to the court to be necessary for disposing fairly of the application for ancillary relief or for saving costs.’.

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