Divorce hacking emailA City derivatives broker has been accused of hacking into his ex-wife’s e-mail account in a bitter dispute over the division of matrimonial property.

The Telegraph reports that the Court of Appeal has heard an application from Daniel Arbili to have the financial settlement made at the time of his divorce in 2013 re-opened on the basis of new evidence.

The court heard that Mr. and Mrs Arbili were married in 2005, but separated in 2012. Divorce proceedings followed in 2013, at which time the judge, Michael Horowitz QC, ordered that the matrimonial property, including their £1 million home in Essex, two houses in France and an Aston Martin, should be split equally between them.

Shortly thereafter, but before Judge Horowitz delivered his formal judgement, Mr. Arbili tried to have the case re-opened, citing new evidence. This evidence took the form of e-mails which he said had been recovered by a private investigator instructed on his behalf by a French enquiry agent. He claimed that these e-mails showed that his wife may have been in line for a windfall from the sale of her parents’ £2.1 million home in the French Alps; this being information which had not been known to him or the court when the financial settlement was determined.

Mr. Arbili failed, however, to name the enquiry agent or disclose his instructions to them. Judge Horowitz refused to consider the new evidence or re-open the case. Mr. Arbili therefore lodged an appeal.

The Court of Appeal judges, Lady Justice Macur and Sir Bernard Rix, were told by Mr. Arbili’s barrister, Jeremy Hall QC, that the financial settlement had left Mrs. Arbili with a disproportionately large share of the matrimonial property.

The barrister argued that if Judge Horowitz was not going to include Mrs. Arbili’s potential interest in her parents’ home as part of the matrimonial property, he should also have disregarded a £300,000 property which was in Mr. Arbili’s name but was occupied by his parents. Judge Horowitz, said Mr. Hall had treated two valuable capital assets differently and had, “over-catered for the wife’s need and paid scant regard to the husband’s.”

Counsel for Mrs. Arbili, Bruce Blair QC, told the court that the difference between the two properties was that Mr. Arbili had paid for the property occupied by his parents during the marriage, whereas Mrs. Arbili’s parents had paid for the property occupied by them. Mrs. Arbili’s interest in that property could only be realised upon the death of her parents.

Mr. Blair went on to say that Mr. Arbili had obtained the e-mail evidence by hacking into Mrs. Arbili’s computer. This evidence, having been obtained by a “gross invasion” of privacy, was considered illicit and should not be considered by the court.

In any event, said Mr. Blair, the evidence was irrelevant, as his client’s parents had not proceeded with the sale of their home. Moreover, the money which would have been realised had the sale gone ahead would have been used by his client’s parents to purchase another home.

The appeal judges reserved their decision until a later date.

Got a question? Ask us now…

Kindly complete the form below to send an enquiry. Your message will be sent to one of our solicitors. Discretion is guaranteed.

Your Information

  • Consider including information such as: the name of your spouse (if relevant), the country you live in, the background to your problem.

  • This field is for validation purposes and should be left unchanged.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Over 2000 FREE
consultations and counting…

Our free consultation can help you more clearly understand the legal issues relating your case and what your options are to move forward.

Request your free consultation

Or send us an enquiry

Today I had my free initial consultation with partner Henry Brookman over the phone. He had a clear understanding of my situation based on the info I provided in advance and provided me with sound advice and guidance to move forward. Many thanks.

Aug 2022   H. J.

Really appreciated Brookman's advice and support. Most lawyers charge extortionate fees just for an initial conversation but not Henry. Thanks for all your advice and time.

Jul 2022   Chloé

I had a consultation with the partner Henry Brookman. I can absolutely recommend him, he seemed knowledgeable, up to date and patient. I have found him to be straightforward in the answers he gives and down to earth. 100% recommended.

Jun 2022   Michael P

I have no hesitation whatsoever in recommending Henry Brookman. His advice came in promptly when solicited, and was excellent. He is a thoughtful and very professional lawyer. He understood perfectly well the issue I presented him with, and gave me excellent advice in a family law related matter.

May 2022   Philip Hands

From my first contact with the firm I was treated courteously and promptly. I was offered a pro bono meeting shortly after making contact. Mr Brookman is clearly a very experienced professional and in our meeting he gave me some well considered and objective advice about my rather complicated situation which spans more than one jurisdiction.

May 2022   Julian Peachey

I had an initial consultation with Henry Brookman regarding prenuptial agreements and found him to be very helpful and knowledgeable.

Mar 2022   Simon Brooks

I had a free telephone consultation yesterday with Gavin Yeung. He could not have been more helpful and reassuring as he calmly and patiently worked through my situation to provide me with clarity and piece of mind at a time it was really needed and emotions are running high.

Mar 2022   'K M'

I spoke with Aziz at Brookman Solicitors on the phone for an initial consultation and he is one of the friendliest lawyers I have met. He is clearly very experienced as he patiently explained me all the concepts and processes which are quite daunting for someone in my situation, and then focused on the actual questions I wanted to ask... I would highly recommend Aziz and Brookman Solicitors.

Feb 2022   'R'

I am grateful for Henry Brookman and his team for support they provided to me during very frustrating time of divorce. They respond promptly to any request. I felt more confident after I started the process with them. Henry listened carefully to me and took quick actions on my case. I highly recommend this team of real professionals even for non-UK citizens.

Feb 2022   Sezim Beksultanova

I had online consultation with the partner Henry Brookman today. I was very happy with the service. I found him to be very insightful, knowledgeable and provided sound advice, as well as being kind and patient. It was a very comfortable discussion and he sent an email detailing our discussion very quickly discussing in our meeting in depth. I am amazed by the service we got just from a free consultation. I would highly recommend these solicitors!

Jan 2022   Shirley Christopher

We spoke at length and at no point felt like he was rushing us and we felt very comfortable. After our discussion we were also quickly sent an email detailing everything we were discussing in our meeting in depth. I am amazed by the service we got just from a free consultation. I would highly recommend these solicitors!

Dec 2021   Tina

I was fortunate to spend an hour running through a few questions with Natasha Slabas. She was quick to grasp the points raised and proposed a sensible way forward. Would recommend

Dec 2021   Nick Powell

I cannot praise the professionalism and courtesy too highly. The advice given in a very complex divorce matter, was clear, concise, enlightening and inspiring.

Nov 2021   Mary Barn

I contacted Henry Brookman because of the complex international aspect of my divorce and I’m very glad I did... Henry took his time explaining all the pro’s and contra’s... I now have a much clearer view over the situation and feel more confident going forward. I’m very grateful for the excellent advice I’ve received and not feeling rushed during the meeting.

Nov 2021   'A B'

Talitha offers sound advice, asks the right questions and advises you with what you need to know not just what you want to hear. I have no hesitation in recommending her services.

Sep 2021   Anu Vidyarthi

Google Reviews
Ask A Question

Contact Us

If you have questions, contact us now, we can help you.

Enquire Now

Or call us on +44 (0)20 7430 8470