L v L & Anor [2007] EWHC 140 (QB) (01 February 2007)

L v L & Anor [2007] EWHC 140 (QB) (01 February 2007)

The husband has established a sufficiently arguable case that the hard drive contains confidential and privileged information justifying a delivery up order. The ordinary procedure for disclosure should apply, with the husband's solicitors holding all copies. There is no legal foundation for the wife's proposal for independent expert examination. The safeguarding of documents must respect privacy, confidentiality, and privilege, and only relevant information should be disclosed in proceedings. The court cannot determine at this interlocutory stage whether the wife's actions were unlawful; this must be resolved at trial.

Citation
[2007] EWHC 140
Parties
Claimant: L; First Defendant: L; Second Defendant: H (a firm)
Jurisdiction
England and Wales
Judgment Date
01 February 2007
Procedural Posture
Civil (queen's Bench Division) / Interlocutory Application for Delivery Up and Injunction
Outcome
Application granted in principle for delivery up order; ordinary disclosure procedure to apply; copies to be held by husband's solicitors.
Legal Topics
Disclosure of Evidence, Legal Professional Privilege, Breach of Confidence, Data Protection, Computer Misuse, Jurisdictional Disputes
Family Law Civil Procedure Privacy Law Data Protection Disclosure of Evidence Legal Professional Privilege Breach of Confidence Computer Misuse +1 more

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Parties

L

Claimant

L

First Defendant

H (a firm)

Second Defendant

Procedural Posture

Civil (queen's Bench Division) / Interlocutory Application for Delivery Up and Injunction

Legal Issues

  1. 1 Whether the wife and her solicitors unlawfully copied the husband's laptop hard drive
  2. 2 Whether confidential and privileged information must be delivered up
  3. 3 Whether the process of disclosure should be managed by an independent expert or by the husband's solicitors

Ratio Decidendi

The husband has established a sufficiently arguable case that the hard drive contains confidential and privileged information justifying a delivery up order. The ordinary procedure for disclosure should apply, with the husband's solicitors holding all copies. There is no legal foundation for the wife's proposal for independent expert examination. The safeguarding of documents must respect privacy, confidentiality, and privilege, and only relevant information should be disclosed in proceedings. The court cannot determine at this interlocutory stage whether the wife's actions were unlawful; this must be resolved at trial.

Court Disposition

Application granted in principle for delivery up order; ordinary disclosure procedure to apply; copies to be held by husband's solicitors.

Orders

  • Defendants to deliver up all copies of the hard drive to husband's solicitors to be held by them.
  • Defendants to identify by witness statement the hardware and software copied and the persons to whom copies were disclosed.