Litigation Letter
Retention of private documents
White v Withers & Dearle [2009] EWCA Civ 1122; SJ 3 November p4
The estranged wife of Marco Pierre White, the TV chef, removed 42 documents, many of them originals, following the collapse
of their marriage. They included a letter from his daughter, which the wife had intercepted and retained. The removal of his
contract with P&O meant that Mr White had to go to the firm’s offices in Southampton to sign a duplicate version. All the
documents remained in the possession of the wife’s solicitors who Mr White sued for misuse of confidential or private information
and for trespass to goods and conversion. On the defendants’ application to strike out the proceedings Ward LJ said he was
left with such an uncomfortable feeling that for his part he would be reluctant to shut out the claimant and deny him his
day in court.