This case concerns the use of confidential documents in divorce proceedings. The renowned chef, Marco Pierre White, recently failed to win damages from his ex-wife's divorce solicitors, Withers, in relation to their use of confidential documents during his recent divorce.  White claimed that Withers had encouraged his wife to intercept and retain confidential letters and documents, or, at the very least, that they had aquiesced in her actions relating to the documents. 

However, Mr Justice Eady struck out White's claim.  He found that Withers had not refused any demand to return the documents and nothing had been shown to prove that his wife had been encouraged by her solicitors in her treatment of the documents.  Furthermore, there was no "reasonable expectation of privacy" and the documents had been used purely in connection with the divorce proceedings and for the protection of the wife's interests within those proceedings.  White's claim therefore failed.

It is more than possible that White could have avoided the expense and stress of such litigation as well as the exposure of certain private information if he and his wife had agreed a pre-nuptial agreement containing a confidentiality clause.  This case lends further weight to the need for pre-nuptial or pre-registration agreements, particularly for individuals with substantial wealth deriving from professional success and those who might find themselves the subject of public and media scrutiny.  Although such agreements are not yet binding on the courts of England and Wales, if drafted correctly, the courts are likely to uphold their provisions.

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