Imerman v Imerman

Imerman v Imerman

The court has discretion to control the use of irregularly obtained confidential information in ancillary relief proceedings, balancing the parties' Article 6 and 8 rights, the public interest in truth, and fairness. There is no absolute principle barring use; each case depends on its facts. Where information is already known to both parties, it is disproportionate to quarantine it without considering its relevance. Privileged material must be returned and not used until privilege claims are resolved.

Parties
Petitioner: Elizabeth Tchenguiz Imerman; Respondent: Vivian Saul Imerman
Jurisdiction
England and Wales
Judgment Date
11 December 2009
Procedural Posture
Ancillary Relief Application (family Division) / Interlocutory Judgment on Applications Regarding Confidential Information
Outcome
Application for delivery up and restraint of use granted in part; privileged material to be returned and preserved, non-privileged material to be returned to wife's solicitors; wife's application for preservation of other material refused; parties ordered to exchange forms E.
Legal Topics
Ancillary Relief, Disclosure of Confidential Information, Legal Professional Privilege, Admissibility of Evidence, Breach of Confidence, Article 6 and 8 ECHR Rights
Family Law Privacy Law Civil Procedure Ancillary Relief Disclosure of Confidential Information Legal Professional Privilege Admissibility of Evidence Breach of Confidence +1 more

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Parties

Elizabeth Tchenguiz Imerman

Petitioner

Vivian Saul Imerman

Respondent

Procedural Posture

Ancillary Relief Application (family Division) / Interlocutory Judgment on Applications Regarding Confidential Information

Legal Issues

  1. 1 Whether a party may retain and use confidential information irregularly obtained from the other party for ancillary relief proceedings
  2. 2 Whether the court has power to order delivery up and restrain use of such information
  3. 3 How claims of legal professional privilege should be handled in this context

Ratio Decidendi

The court has discretion to control the use of irregularly obtained confidential information in ancillary relief proceedings, balancing the parties' Article 6 and 8 rights, the public interest in truth, and fairness. There is no absolute principle barring use; each case depends on its facts. Where information is already known to both parties, it is disproportionate to quarantine it without considering its relevance. Privileged material must be returned and not used until privilege claims are resolved.

Court Disposition

Application for delivery up and restraint of use granted in part; privileged material to be returned and preserved, non-privileged material to be returned to wife's solicitors; wife's application for preservation of other material refused; parties ordered to exchange forms E.

Orders

  • All copies of the seven files to be delivered up to husband's solicitors for privilege review.
  • Privileged material to be preserved by husband's solicitors pending determination of ancillary relief.