White v (Withers LLP & Anor

White v (Withers LLP & Anor

The claim for misuse of confidential or private information was properly struck out. However, the claims for trespass to goods and conversion, based on the taking and retention of original documents and the alleged advice to intercept mail, disclose a reasonable cause of action and cannot be summarily dismissed. The Hildebrand rules do not provide a substantive defence to tortious liability for wrongful interference with property. The claim is not an abuse of process at this stage and must proceed to trial.

Parties
Appellant/claimant: Marco Pierre White; Respondent/defendant: Withers LLP; Respondent/defendant: Marcus Dearle; Third Defendant (claim Discontinued): Matilde White
Jurisdiction
England and Wales
Judgment Date
27 October 2009
Procedural Posture
Civil Appeal (tort, Property, Privacy) / Appeal From Strike Out of Claim; Permission to Appeal Granted; Appeal Allowed; Matter to Proceed to Trial
Outcome
Appeal allowed; strike-out set aside; claim to proceed to trial on trespass to goods and conversion; misuse of confidential/private information claim struck out.
Legal Topics
Trespass to Goods, Conversion, Breach of Confidence, Misuse of Private Information, Ancillary Relief, Disclosure in Divorce Proceedings, Hildebrand Rules, Abuse of Process
Tort Law Family Law Civil Procedure Trespass to Goods Conversion Breach of Confidence Misuse of Private Information Ancillary Relief +3 more

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Parties

Marco Pierre White

Appellant/claimant

Withers LLP

Respondent/defendant

Marcus Dearle

Respondent/defendant

Matilde White

Third Defendant (claim Discontinued)

Procedural Posture

Civil Appeal (tort, Property, Privacy) / Appeal From Strike Out of Claim; Permission to Appeal Granted; Appeal Allowed; Matter to Proceed to Trial

Legal Issues

  1. 1 Whether solicitors and/or spouse are liable in tort for taking, retaining, or advising the taking of documents belonging to the other spouse for use in ancillary relief proceedings
  2. 2 Whether the Hildebrand rules provide a defence to tortious liability for trespass to goods or conversion
  3. 3 Whether the claim should be struck out as disclosing no reasonable cause of action or as an abuse of process

Ratio Decidendi

The claim for misuse of confidential or private information was properly struck out. However, the claims for trespass to goods and conversion, based on the taking and retention of original documents and the alleged advice to intercept mail, disclose a reasonable cause of action and cannot be summarily dismissed. The Hildebrand rules do not provide a substantive defence to tortious liability for wrongful interference with property. The claim is not an abuse of process at this stage and must proceed to trial.

Court Disposition

Appeal allowed; strike-out set aside; claim to proceed to trial on trespass to goods and conversion; misuse of confidential/private information claim struck out.

Orders

  • Permission to appeal granted.
  • Appeal allowed.