Q&As

Can information in a Form E be disclosed to a third party’s solicitors regarding proceedings that are unrelated to the financial remedy proceedings?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on LexisPSL on 04/04/2017

The following Family Q&A Produced in partnership with Katherine Illsley of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Can information in a Form E be disclosed to a third party’s solicitors regarding proceedings that are unrelated to the financial remedy proceedings?
  • Case study

Case study

In financial remedy proceedings Form Es have been exchanged. The husband is engaged in civil litigation with the wife's step-father. The wife's step-father’s solicitors have written to the wife’s solicitors asking them to disclose to any financial information they have about the husband that may assist their client within the Form E. The wife has confirmed she consents to the release of information. What are the wife’s solicitors obligations?

In both civil and family proceedings, the court controls the use of documents during the proceedings and in certain circumstances, at the end of proceedings.

Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 29.12(1) provides that:

‘Except as provided by this rule or by any other rule or Practice Direction, no document filed or lodged in the court office shall be open to inspection by any person without the permission of the court, and no copy of any such document shall be taken by, or issued to, any person without such permission.’

This provision covers Form E. While parties to the proceedings and their legal representatives will have access to the Form E disclosed within proceedings, it is not permissible for anyone to disclose a Form E to a third party. Simply because a third party is a soli

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