The cook, the wife, her lawyer and his letters…

On 27 October 2009 the Court of Appeal reversed last year’s High Court decision striking out a claim by Marco Pierre White against Withers and one of its partners, Marcus Dearle, who act for his estranged wife Mati.

The ruling will allow Mr White to sue Withers LLP for breach of privacy.

Mr White alleges that Mr Dearle instructed his ex-wife to take 42 of his personal documents, ostensibly for use in financial proceedings arising from their divorce.

It is a long held principle that the copying and retention of one spouse’s financial documents by the other is permitted as long as the originals are returned immediately and copies of the retained copy documents are provided to the other side in the course of the proceedings.

However, Lord Justice Ward said that the documents taken by Mrs White included a letter from Mr White's daughter by an earlier marriage and also comprised original documents which had been withheld without any good reason for many months after they were taken.

The three Judges agreed that the case should proceed to full trial and gave the following guidance regarding the circumstances when it is and is not acceptable for separating couples to take their partner's documents and provide them to their lawyers:

• The Courts will not penalise the taking, copying and immediate return of documents. The Appeal Court suggested a maximum of 2 days to return the original documents.
• However, the Courts will not sanction the use of any force to obtain the documents, nor the interception, retention or removal of any hard disc recording electronic documents. 
• Any breach of these "rules" leaves the perpetrator vulnerable to a civil claim for damages.

The Judges were particularly concerned that Withers had retained "a touching, almost heartbreaking, letter” to Mr White from his daughter which obviously had no relevance to the financial proceedings. 

It was a letter which, they said “desperately called for a speedy reply. It is alleged that this letter was not only intercepted but it was also withheld, thus denying Mr White the opportunity to respond to his daughter's cry for help.”

The judge also commented: "It must always be remembered that solicitors are officers of the court and if they are shown to have done wrong they should face the judgment of the court".

For further information please contact: Sandra Davis, David Lister, Barbara Reeves and Melissa Lesson by calling +44 (0)20 7440 7000.