Cases

Imerman v Imerman

Held

The documents obtained were protected by article 8. The court has a discretion whether irregularly obtained information or documents may be used by a party to litigation. The discretion is to be exercised by balancing the public interest in securing that justice be done between the parties and the private and public interest in the maintenance of confidentiality. Each case will depend on its own facts. In cases of extreme irregularity there will be a greater interference with Article 8 which, in turn, will require a greater need to justify such interference as being proportionate. In the present case the balance favoured W. The Court did however retain the discretion to impose sanctions where appropriate, including orders for costs.

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