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06 December 2013 / David Burrows
Issue: 7587 / Categories: Features , Family
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Damage control? (Pt 1)

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Confidentiality, privacy & disclosure: David Burrows revisits Tchenguiz in the first of two articles

The case of Imerman v Tchenguiz and ors [2010] EWCA Civ 908 (Lord Neuberger MR gave the judgment of the court with Moses and Munby LJJ) was decided over three years ago. It is perhaps time to review the decision. This article considers to what extent the electronic information removed by the Tchenguiz brothers was indeed confidential (as distinct from private); and whether the aspects of the relevant rules (Family Procedure Rules 2010 (FPR 2010), Pt 9) on which the court based their findings were intra vires the rule-makers. The second article looks at when a duty of disclosure arises at common law; and whether, in law, privacy or confidentiality and a duty to disclose are mutually compatible.

Imerman: the case

In Imerman the Court of Appeal considered whether Mrs Imerman (W), or her brothers (the Tchenguizs) on her behalf, were entitled to remove and keep Mr Imerman’s (H) documents which were said by the court to be confidential.

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MOVERS & SHAKERS

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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