Home » Cases » AKHMEDOVA v AKHMEDOV [2019] EWHC 3140 (Fam)


In this judgment the Family Division demonstrated a willingness to assist a party to enforce a financial remedy order by allowing use of confidential documents where (i) there was evidence of deliberate attempts by the respondent to frustrate English court’s orders, and (ii) there was no evidence that the applicant acted unlawfully in accessing those confidential materials.

The judgment also supplemented Mr Justice Mostyn’s prior guidance in UL v BK (Freezing Orders: Safeguards)[2014] Fam 35 with suggestions derived from the standard search order in civil proceedings. These suggestions were aimed at resolving the issues that might arise where one party to litigation had illegitimately obtained confidential or privileged documentary material belonging to another party, in circumstances where the other party was not represented by a solicitor and/or was failing to engage with the proceedings, particularly as to when the need for further intervention of the court may be necessary.

Revisions were also subsequently made to the Family Division search order to give effect to the suggestions made in this judgment in order to align the Family Division Search Order more exactly with its civil counterpart in CPR PD 25A.