Cases

White v Withers LLP & Ors (CA)

Facts

The Appellant (MPW) commenced proceedings against the First Respondent (W), a firm of solicitors, and one of its partners, D, the Second Respondent. W and D had represented MPW’s former wife, X, in proceedings for ancillary relief following their divorce. W commenced proceedings for interference with property alleging that X had intercepted his personal post and passed the documents onto W. W and D successfully applied to strike the proceedings out as disclosing no cause of action. On appeal against the order to strike out the proceedings MPW argued (i) the reading and copying of his documents, and their use within the legal proceedings, amounted to a breach of confidence or misuse of private information; (ii) there had been a trespass to goods by X because of her direct interference with his goods; and (iii) W and D were also responsible for the trespass because he alleged that they had aided its commission.

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