Imerman v Tchenguiz & Ors

Imerman v Tchenguiz & Ors

Claimant entitled to summary injunctive relief restraining Defendants from retaining, using, or disclosing confidential information, as Defendants have no lawful right to retain or use it and no public interest or factual defence precludes such relief at this stage.

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 Claimant; limited injunctive relief issued.
Legal Topics
Breach of Confidence, Misuse of Private Information, Data Protection, Statutory Offences, Proprietary Claims, Injunctive Relief
Privacy Confidentiality Data Protection Family Law Breach of Confidence Misuse of Private Information Statutory Offences Proprietary Claims +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 7 Authorities cited 14 Party arguments 2 Amounts and remedies 2
Sign in to unlock

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 Defendants had lawful right to access, retain, or use Claimant's confidential information
  2. 2 Whether summary judgment is appropriate given factual disputes
  3. 3 Whether information is confidential and protected by privacy laws

Ratio Decidendi

Claimant entitled to summary injunctive relief restraining Defendants from retaining, using, or disclosing confidential information, as Defendants have no lawful right to retain or use it and no public interest or factual defence precludes such relief at this stage.

Court Disposition

Summary judgment granted for Claimant; limited injunctive relief issued.

Orders

  • Defendants prohibited from communicating, disclosing, copying, or using specified categories of Claimant's confidential information.
  • Defendants required to return or release Claimant's information and restrain its onward transmission.