Marco Pierre White lost his privacy action yesterday against lawyers acting for his wife who obtained his private documents.

In a key decision that backs the right of lawyers to obtain private and confidential information belonging to an estranged spouse, Mr Justice Eady confirmed the legality of what is common practice.

It is the first privacy action to be thrown out by the judge since he infuriated newspaper editors when he found in favour of Max Mosley, the Formula One motor racing chief, over reports that he took part in sado-masochistic sex orgies.

The judge has been accused of single-handedly creating a privacy law and of “condoning” depraved practices.

But yesterday the same judge struck out the Michelin-starred chef's case against London law firm Withers LLP and a solicitor, Marcus Dearle, who has acted for his wife, Mati, since 2006.

The couple have been married for eight years and have three children. White had alleged that his wife, who was originally also a defendant in the action, had taken some of his correspondence and other documents for use in the proceedings.

He sought damages for breach of confidence and privacy, misuse of private information and wrongful interference with property.

At one stage, Mr Justice Eady said at the High Court in London, there was a suggestion that the solicitors, along with Mrs White, had actually committed a criminal offence.

Withers said that the case should be halted because White had no valid claim and had not brought it for any legitimate purpose except to cause "hassle" for his wife.

Alan Kaufman, head of family law at Finers Stephens Innocent, said the ruling was very welcome and a victory for divorce lawyers.

“It is noteworthy that here is a decision by Mr Justice Eady in which he rejects a privacy claim,” he added.

But the decision, the first case of its kind, was also important because the judge had upheld the common practice among divorcing spouses and their lawyers to obtain and use confidential information, he said.

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