Robert and Vincent Tchenguiz have lost a High Court dispute with their brother-in-law, canned-fruit millionaire Vivian Imerman, concerning confidential information that was taken from a shared computer system.
Eady J granted Imerman’s application for summary judgment, without the need for a full trial, on part of his claim that Robert Tchenguiz wrongly took private and confidential information belonging to Imerman and that neither the brothers nor their three co-defendants “has any lawful right to retain or use the same”.
The dispute began in March, when Imerman, a former chairman of food giant Del Monte, was evicted from his office at Leconfield House, 18 Curzon Street, London W1, which he shared with Robert, following the breakdown of his marriage to brothers’ sister Lisa.
Imerman filed an application against Robert, Vincent and three other men, claiming that they had taken or had been involved in the taking from the premises information that belonged to him.
Robert, who admitted taking the information, said that he took the material because he believed that Imerman would seek to hide assets and financial information from Lisa in the matrimonial proceedings; he was concerned to protect her interests.
Allowing Imerman’s application, Eady J ordered the five defendants to return the information to him, but left it to the Family Division to decide whether Lisa can use the documents that her brothers supplied to her in her divorce proceedings.
Imerman said: “I am hugely disappointed that a long business partnership and friendship has come to this, but I was forced into a position where I had to defend myself. I have behaved in an honourable and professional way at all times and will continue to do so in the future.”
Following judgment, Vincent Tchenguiz said: “This is a pyrrhic victory for Vivian. We always told him that he could have his information back, but that Lisa should have the right to use it. That is what the judge has done and we are happy with the result.”
Imerman v Tchenguiz and others Queen’s Bench Division (Eady J) 31 July 2009.