In proceedings for a child arrangements order, where statements have already been filed, one of the parties has now indicated that they wish to disclose documentation belonging to the other party such as medical records, bank statements and documents relating to their previous employment. As the Imerman rule does not apply since these are private law children proceedings, what rules or principles do apply in these circumstances?

In Tchenguiz v Imerman, the Court of Appeal delivered a judgment that made clear a person enjoys legal protection in respect of their confidential and private documentation. The court confirmed that it would be a breach of confidence for one party, without the authority of the other, to examine, make, retain or supply copies to a third party of a document whose contents it should have appreciated would be confidential. Looking at documents which a party knows to be confidential is capable of constituting an actionable wrong (para [68]). They may be guilty of a criminal offence and be at risk of being sued in civil proceedings