Imerman v Tchenguiz & Ors [2009] EWHC 2024 (QB) (27 July 2009)

Imerman v Tchenguiz & Ors [2009] EWHC 2024 (QB) (27 July 2009)

The Defendants have no lawful right to retain, use, or disclose the Claimant's confidential information taken from his computer system. The information is prima facie confidential and protected by privacy rights. The Defendants' arguments as to authorisation, public interest, or Article 6 rights do not justify continued retention or use, and there is no real prospect of successfully defending the claim for injunctive relief. Summary judgment is appropriate for the limited relief sought.

Citation
[2009] EWHC 2024 (QB)
Parties
Claimant: Vivian Imerman; First Defendant: Robert Tchenguiz; Second Defendant: Vincent Tchenguiz; Third Defendant: Tim McClean; Fourth Defendant: Nouri Obayda; Fifth Defendant: Sarosh Zaiwalla
Jurisdiction
England and Wales
Judgment Date
27 July 2009
Procedural Posture
Civil (queen's Bench Division) / Summary Judgment Application and Interim Relief
Outcome
Summary judgment granted for limited injunctive relief to the Claimant.
Legal Topics
Breach of Confidence, Misuse of Private Information, Data Protection, Injunctive Relief, Summary Judgment, Computer Misuse, Legal Professional Privilege
Civil Procedure Privacy Law Data Protection Equity Breach of Confidence Misuse of Private Information Injunctive Relief Summary Judgment +2 more

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Parties

Vivian Imerman

Claimant

Robert Tchenguiz

First Defendant

Vincent Tchenguiz

Second Defendant

Tim McClean

Third Defendant

Nouri Obayda

Fourth Defendant

Sarosh Zaiwalla

Fifth Defendant

Procedural Posture

Civil (queen's Bench Division) / Summary Judgment Application and Interim Relief

Legal Issues

  1. 1 Whether the Defendants had any lawful right to retain or use confidential information taken from the Claimant's computer system
  2. 2 Whether summary judgment should be granted restraining the Defendants from using or disclosing the information
  3. 3 Whether the information is confidential and/or protected by privacy rights

Ratio Decidendi

The Defendants have no lawful right to retain, use, or disclose the Claimant's confidential information taken from his computer system. The information is prima facie confidential and protected by privacy rights. The Defendants' arguments as to authorisation, public interest, or Article 6 rights do not justify continued retention or use, and there is no real prospect of successfully defending the claim for injunctive relief. Summary judgment is appropriate for the limited relief sought.

Court Disposition

Summary judgment granted for limited injunctive relief to the Claimant.

Orders

  • Prohibitory injunction restraining all Defendants from communicating, disclosing, copying, or using the specified categories of confidential information.
  • Defendants to return or deliver up all such information in their possession or control.