Wednesday, January 13, 2010
White v Withers: Let the truth win out
Well, for whatever reason, it seems that the White v Withers case is back in the news. I was even interviewed about it myself yesterday. Today, barrister Rupert Myers (left) gives his views on the case in the Guardian's Comment is free column, and a lot of sense he talks too. He points out that failure to disclose assets may have far more serious consequences than the breach of privacy involved in 'self-help'. Further, referring to Lord Justice Ward's suggestion that search and seizure warrants should be used to obtain documents, he says that this is a "costly fiction" that "would draw out litigation and result in yet more of the assets on the table going to the lawyers". He concludes: "We should allow for the reasonable inspection of documents during divorce, and shield lawyers with a public interest defence from the unfairness of holding them responsible for the acts of those whose motive is to discover the truth." Well put.