Q&As

Can a party send copies of documents that were annexed to the Form E filed by the other party in ancillary relief proceedings to the Child Maintenance Service (CMS) with the aim of contradicting information provided to the CMS by that party, or is the ancillary relief information confidential? What are possible consequences of the information being sent to the CMS?

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Produced in partnership with Charmian Jackson of St Ives Chambers
Published on LexisPSL on 16/10/2017

The following Family Q&A Produced in partnership with Charmian Jackson of St Ives Chambers provides comprehensive and up to date legal information covering:

  • Can a party send copies of documents that were annexed to the Form E filed by the other party in ancillary relief proceedings to the Child Maintenance Service (CMS) with the aim of contradicting information provided to the CMS by that party, or is the ancillary relief information confidential? What are possible consequences of the information being sent to the CMS?
  • Relevant legal provisions
  • Application to the question
  • Consequences

Relevant legal provisions

Rule 29.12 of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 provides that no document or copy of a document filed or lodged with court may be inspected by or issued to any person without the permission of the court.

Consequently, the normal rule is that documentation filed within financial remedy proceedings is confidential.

The importance of this general rule has been confirmed in a number of cases, most recently HMRC v Charman in which HMRC sought disclosure of a number of documents from the proceedings. Coleridge J stated that, as a general rule, evidence from financial proceedings is not disclosable to third parties, save in exceptional and rare cases, for very good reasons. This is to ensure that parties are not deterred from providin

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