Imerman v Imerman

Imerman v Imerman

The wife must pay the costs of and incidental to the two applications determined in the judgment of 11th December 2009, assessed on an indemnity basis, due to the extreme and irregular conduct in obtaining the husband's confidential information, and to discourage similar conduct in future litigation. No order for interim payment is made. No further directions on privilege are given. Applications for permission to appeal and for a stay of orders are refused.

Parties
Petitioner/respondent: Elizabeth Tchenguiz Imerman; Respondent/applicant: Vivian Saul Imerman
Jurisdiction
England and Wales
Judgment Date
13 January 2010
Procedural Posture
Ancillary Relief (family) / Post Judgment Consequential Hearing
Outcome
wife ordered to pay costs on indemnity basis; no interim payment; no further directions on privilege; permission to appeal refused; stay of orders refused
Legal Topics
Confidential Information, Legal Professional Privilege, Costs, Discovery, Appeals
Family Law Civil Procedure Confidential Information Legal Professional Privilege Costs Discovery Appeals

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Parties

Elizabeth Tchenguiz Imerman

Petitioner/respondent

Vivian Saul Imerman

Respondent/applicant

Procedural Posture

Ancillary Relief (family) / Post Judgment Consequential Hearing

Legal Issues

  1. 1 form and implementation of previous orders
  2. 2 deletion of confidential information from backup tapes
  3. 3 delivery up of documents

Ratio Decidendi

The wife must pay the costs of and incidental to the two applications determined in the judgment of 11th December 2009, assessed on an indemnity basis, due to the extreme and irregular conduct in obtaining the husband's confidential information, and to discourage similar conduct in future litigation. No order for interim payment is made. No further directions on privilege are given. Applications for permission to appeal and for a stay of orders are refused.

Court Disposition

wife ordered to pay costs on indemnity basis; no interim payment; no further directions on privilege; permission to appeal refused; stay of orders refused

Orders

  • wife and her solicitors to file affidavits of compliance by 19th January
  • wife to pay costs of applications on indemnity basis