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

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

The claimant is entitled to summary injunctive relief restraining the defendants from retaining, using, or disclosing the confidential information taken from his computer system, as the defendants have no lawful right to retain or use the information and no public interest or Article 6 justification has been established for continued retention. The nature of the information and its source justify the relief, irrespective of how it was obtained.

Citation
[2009] EWHC 2024
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 / Summary Judgment Application
Outcome
Summary judgment granted for limited injunctive relief.
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 / Summary Judgment Application

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 for injunctive relief restraining use or disclosure of the information
  3. 3 Whether the information is confidential and/or protected by privacy rights

Ratio Decidendi

The claimant is entitled to summary injunctive relief restraining the defendants from retaining, using, or disclosing the confidential information taken from his computer system, as the defendants have no lawful right to retain or use the information and no public interest or Article 6 justification has been established for continued retention. The nature of the information and its source justify the relief, irrespective of how it was obtained.

Court Disposition

Summary judgment granted for limited injunctive relief.

Orders

  • Prohibitory injunctions against all defendants restraining communication, disclosure, copying, or use of the specified categories of documents or information.
  • Defendants to return or deliver up all such information in their possession or control.