Cases

Imerman v Imerman

Comment

This case is of of considerable significance not only to family practitioners but to litigators generally. It sets guidelines as to the circumstances in which a party to litigation may make use of evidence which consists of confidential information obtained by another party, or third party, other than through the court process, in some cases by acts which might include acts which are criminal and/or which constitute a civil wrong. While the Court acknowledged that parties should respect the fact that the proper route for obtaining confidential information is by the means permitted by the rules, it was accepted that there will be cases where the public interest in securing that justice is done between the parties outweighs the private and public interest in the maintenance of confidentiality. The Court did however warn that circumventing the rules may well result in sanction.

Areas of work

General Common Law
Privacy and Confidence

Also