Disclosure and privacy

White v Withers and another [2008] EWHC 2821 (QB)

In family proceedings, there is no ‘reasonable expectation of privacy’ ( Campbell v MGN [2005] UKHL 61) and documents ‘left lying around’ ( Hildebrand v Hildebrand [1992] 1 FLR 244) can be copied and used in family proceedings. In the present case, the husband commenced proceedings against the wife’s solicitors alleging that they had produced in matrimonial proceedings some of the claimant’s correspondence and other documents some of which were original documents, which the solicitors had retained. Held: It is clear from the authorities that the Human Rights Act 1998 has not given rise to a new directly enforceable tort of invasion of privacy and it could not be said that the possession of the original documents was in itself wrongful. There was no evidence of an intention to deprive the claimant of any documents on a permanent basis or for suggesting that the solicitors committed any criminal offence, whether directly or in an accessorial capacity. The solicitors had not refused any demand to return documents in their possession and there was no evidence that the wife had been encouraged by the solicitors to take them. The claim was struck out as disclosing no cause of action.