Imerman v Tchenguiz

Imerman v Tchenguiz

Permission to appeal is granted because it is properly arguable that the balancing exercise between privacy and fair trial rights required a full trial rather than summary judgment, especially given the lack of analysis on the relevance of the remaining material and the developing legal tension between admissibility and tortious liability.

Parties
Claimant: Imerman; Defendant: Tchenguiz
Jurisdiction
England and Wales
Judgment Date
27 January 2010
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
permission to appeal granted
Legal Topics
Breach of Confidence, Right to Privacy, Admissibility of Evidence, Summary Judgment, Public Interest Defence
Family Law Privacy Law Civil Procedure Breach of Confidence Right to Privacy Admissibility of Evidence Summary Judgment Public Interest Defence

Case Brief

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Parties

Imerman

Claimant

Tchenguiz

Defendant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether summary judgment restraining disclosure of confidential information was appropriate in the context of ongoing divorce proceedings
  2. 2 Whether the balancing exercise under Article 8(2) ECHR between privacy rights and the right to a fair trial required a full trial rather than summary judgment
  3. 3 Whether material irregularly obtained but relevant to divorce proceedings should be admissible

Ratio Decidendi

Permission to appeal is granted because it is properly arguable that the balancing exercise between privacy and fair trial rights required a full trial rather than summary judgment, especially given the lack of analysis on the relevance of the remaining material and the developing legal tension between admissibility and tortious liability.

Court Disposition

permission to appeal granted

Orders

  • Application for permission to appeal is granted.
  • Appeal to be heard together with related proceedings before a constitution including a judge with family law experience.