Imerman v Imerman [2010] EWHC 64 (Fam) (Wednesday 13 January 2010)

Imerman v Imerman [2010] EWHC 64 (Fam) (Wednesday 13 January 2010)

The wife must pay the husband's costs of and incidental to the applications determined in the judgment of 11 December 2009, assessed on an indemnity basis, due to the extreme and irregular conduct in obtaining and retaining the husband's confidential information. Orders for deletion and delivery up of documents are made, but deletion from backup tapes is not required due to practical difficulties. No further directions are made regarding privilege at this stage. Permission to appeal and a stay of the order are refused.

Citation
[2010] EWHC 64 (Fam)
Parties
Petitioner/respondent: Elizabeth Tchenguiz Imerman; Respondent/applicant: Vivian Saul Imerman
Jurisdiction
England and Wales
Procedural Posture
Family Law (ancillary Relief) / Post Interlocutory, Consequential Orders and Costs Following Judgment
Outcome
Wife ordered to pay husband's costs on an indemnity basis; orders for deletion and delivery up of documents; no order for interim payment; permission to appeal and stay refused.
Legal Topics
Ancillary Relief, Confidential Information, Legal Professional Privilege, Costs, Interim Orders, Appeal Procedure
Family Law Civil Procedure Ancillary Relief Confidential Information Legal Professional Privilege Costs Interim Orders Appeal Procedure

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Parties

Elizabeth Tchenguiz Imerman

Petitioner/respondent

Vivian Saul Imerman

Respondent/applicant

Procedural Posture

Family Law (ancillary Relief) / Post Interlocutory, Consequential Orders and Costs Following Judgment

Legal Issues

  1. 1 Whether the wife and her solicitors must delete and deliver up confidential documents obtained from the husband's computer
  2. 2 Whether privileged documents must be identified and withheld from inspection
  3. 3 Whether the wife should pay the husband's costs on an indemnity basis

Ratio Decidendi

The wife must pay the husband's costs of and incidental to the applications determined in the judgment of 11 December 2009, assessed on an indemnity basis, due to the extreme and irregular conduct in obtaining and retaining the husband's confidential information. Orders for deletion and delivery up of documents are made, but deletion from backup tapes is not required due to practical difficulties. No further directions are made regarding privilege at this stage. Permission to appeal and a stay of the order are refused.

Court Disposition

Wife ordered to pay husband's costs on an indemnity basis; orders for deletion and delivery up of documents; no order for interim payment; permission to appeal and stay refused.

Orders

  • Wife and her solicitors to permanently delete documents from computer systems and not access backup tapes without court permission.
  • Wife and her solicitors to deliver up any other documents obtained from husband's computer not within the seven files.