header-logo header-logo

06 December 2013 / David Burrows
Issue: 7587 / Categories: Features , Family
printer mail-detail

Damage control? (Pt 1)

web_burrows

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.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Winckworth Sherwood—David Fendt

Winckworth Sherwood—David Fendt

Restructuring and insolvency practice strengthened by partner hire

Gateley Legal—Billy Poulter & Shay Moore

Gateley Legal—Billy Poulter & Shay Moore

North West residential development team welcomes partner and associate

Burgess Mee—Victoria Sterritt

Burgess Mee—Victoria Sterritt

Family law boutique expands London team with legal director hire

NEWS
Some employment law controversies never disappear—they merely lie dormant
Artificial intelligence (AI) is transforming legal practice, but its successful adoption depends as much on culture as technology
The fallout from Lord Mandelson’s appointment and dismissal as UK ambassador to Washington raises profound questions about constitutional governance, accountability and political appointments
Pastries may be in the firing line while kebabs escape scrutiny, but the reality is far more nuanced
The Supreme Court’s decision in Dillon highlights a central tension in modern public law: rights may be recognised without being fully realised
back-to-top-scroll