Imerman v Imerman

The respondent must list communications falling within the category set out in the wife's letter, by category and date, and provide sufficient grounds for any privilege claim to enable the wife to assess whether to challenge the claim.

Parties: Petitioner: Elizabeth Tchenguiz Imerman; Respondent: Vivian Saul Imerman; Interveners: Beneficiaries
Jurisdiction: England and Wales
Judgment Date: 17 December 2012
Procedural Posture: Family Division / Directions Hearing on Disclosure and Privilege
Outcome: Directions given for listing and claiming privilege over communications; disclosure application not summarily dismissed.
Legal Topics: Disclosure, Privilege, Common Interest Privilege, Trusts

Family Law Civil Procedure Disclosure Privilege Common Interest Privilege Trusts

Case Brief

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Parties

Elizabeth Tchenguiz Imerman

Petitioner

Vivian Saul Imerman

Respondent

Beneficiaries

Interveners

Procedural Posture

Family Division / Directions Hearing on Disclosure and Privilege

Legal Issues

1 Whether communications between husband and trustees are privileged
2 Whether disclosure of such communications is required
3 Proper procedure for claiming privilege in family proceedings

Ratio Decidendi

Court Disposition

Directions given for listing and claiming privilege over communications; disclosure application not summarily dismissed.

Orders

Respondent to list communications with trustees as per letter of 8th August 2011, by category and date.
Privilege claims must be stated in writing with sufficient grounds to allow challenge.