M v M

����������� This matter arose during the course of a hearing of the above application for ancillary relief when a �Khanna� Summons was served on a solicitor who had previously acted in a property transaction for the Petitioner and Respondent and the Respondent�s parents.�

����������� The use of �Khanna� summonses, is becoming more prevalent in ancillary relief cases, as is, I regret to say, the tendency of parties to endeavour to conceal assets.� For both reasons I indicated that I would give written judgment in this application.�

����������� I should state at the outset that I can understand the stance taken by the Solicitor who received the Summons in this case.� It is quite clear that no solicitor should, without considerable reflection, produce confidential files belonging to clients in a situation where some of those clients object.�

����������� The issue of Khanna Summonses was considered in the case of Khanna v Lovell White Durrant (a firm) reported at [1994] 4All ER at 267.�

����������� In that case such a Summons was issued to an Assistant Solicitor.� It was accepted by the Court that the Rules of the Supreme Court did not specifically cover this type of summons.� The Court noted that it was particularly appropriate that such a summons should issue in a case where the production of documents at, and not before the trial, could create difficulties for the running of the trial.�