Hayley Trim's Analysis of Imerman

What do we do now?

It's not uncommon. We've all been there. A client comes in perhaps at first meeting before terms of business or any other advice from you. She (as it usually is) hands you some documents. She found them at home. They belong to her husband and show he has a numbered Swiss bank account a trust fund an overseas property or business interest etc.  But now the Court of Appeal has left us wondering: what should you do after Imerman?

We are told that a husband enjoys rights of confidence as against his wife. It will therefore be a breach of confidence (not to mention potentially a tort and/or a crime) without the authority of the husband to examine or to make retain or supply copies to a third party of a document whose contents are and were (or ought to have been) appreciated to be confidential...

Read the full article here.