Vicarious liability for rogue employee’s data leak – Panopticon

‘Suppose confidential, private and sensitive information is sold, leaked or otherwise wrongly disclosed by a rogue employee: is the employer vicariously liable? This question is a troubling one for many an employer and data controller. A new judgment on a claim for misuse of private information sheds some light on this question – and will not be comforting for employers and data controllers. The case is Axon v Ministry of Defence [2016] EWHC 787 (QB).’

Full story

Panopticon, 12th April 2016

Source: www.panopticonblog.com

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Covert Recording by Parents – Nothing to Fear but the Truth? – Family Law Week

‘Farooq Ahmed, barrister of Westgate Chambers and recorder, addresses the legal issues arising when parents embroiled in children proceedings record conversations or events.’

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Family Law Week, 8th April 2016

Source: www.familylawweek.co.uk

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English law will remain ‘gold standard’ despite impact on case law caused by confidential arbitrations, says expert – OUT-LAW.com

‘The law in England and Wales will continue to be regarded as “gold standard” internationally despite the fact that the development of case law risks being stifled by the number of confidential arbitrations taking place in London, an expert has said.’

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OUT-LAW.com, 4th April 2016

Source: www.out-law.com

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Refusing to prove ability to pay costs is not a justified litigation tactic, says CA – Litigation Futures

Posted March 4th, 2016 in appeals, budgets, confidentiality, costs, news by tracey

‘A High Court ruling denying an order for security for costs even though the party involved refused to show that it could pay costs was “illogical and unacceptable”, the Court of Appeal has decided.’

Full story

Litigation Futures, 4rh March 2016

Source: www.litigationfutures.com

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Another rush job on surveillance that will weaken legal privilege – The Bar Council

‘Despite claims that new surveillance laws will contain “protections for lawyers”, today’s Investigatory Powers Bill will allow authorities total access to confidential, legally privileged communications between individuals and their lawyers, even when someone is in a legal dispute with the Government or defending themselves against prosecution.’

Full press release

The Bar Council, 2nd March 2016

Source: www.barcouncil.org.uk

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Court of Appeal Guidance on Injunctions – Littleton Chambers

Posted February 24th, 2016 in confidentiality, fees, injunctions, news, private hearings by sally

‘First, the Court of Appeal affirmed that it can be (and on the facts was) appropriate to hold hearings in private where a party asserts confidentiality both in the information itself, and also in the “very existence of [the] information”. The Court approved the principle that, where the effect of publicity would be to destroy the subject matter of litigation as to a secret process, it may well be that justice could not be done at all if it had to be done in public. In those circumstances, the general rule as to publicity of Court proceedings must yield to the interests of justice. It is well worth advisors bearing this in mind when dealing with confidential information cases, and making the appropriate applications at the earliest opportunity.’

Full story

Littleton Chambers, 23rd February 2016

Source: www.littletonchambers.com

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Paul Burrell wins £5k damages from Max Clifford – The Guardian

Posted February 22nd, 2016 in confidentiality, damages, media, news, privacy by sally

‘Former royal butler Paul Burrell has won a high court privacy action against PR agent Max Clifford.’

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The Guardian, 19th February 2016

Source: www.guardian.co.uk

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Judge criticises Sports Direct in Rangers legal case – The Guardian

Posted January 20th, 2016 in confidentiality, damages, news, remuneration, sport by sally

‘Sports Direct has “abused” the legal system, according to a high court judge presiding over the embattled retailer’s bitter legal battle with Rangers football club.’

Full story

The Guardian, 19th January 2016

Source: www.guardian.co.uk

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Senior British judges decide if DNA evidence can ‘uncover affair’ and settle Scottish hereditary title dispute – Daily Telegraph

‘Norman Murray Pringle, an accountant living in High Wycombe, is attempting to prove his aristocratic entitlement as the next baronet of Stichill.’

Full story

Daily Telegraph, 25th November 2015

Source: www.telegraph.co.uk

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Ex-prison officer jailed for selling George Michael stories to the Sun – The Guardian

‘A former prison officer has been jailed for 12 months for selling stories about George Michael’s time behind bars to the Sun.’

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The Guardian, 3rd November 2015

Source: www.guardian.co.uk

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FGM: reporting of cases among children becomes mandatory – The Guardian

‘A duty on all teachers, doctors, nurses and social workers to report child cases of female genital mutilation (FGM) to the police will come into force next week.’

Full story

The Guardian, 20th October 2015

Source: www.guardian.co.uk

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Privacy, Patients and Payments – information sharing in the Court of Appeal – Panopticon

‘The recent decision of the Court of Appeal in W, X, Y and Z v Secretary of State for Health, Secretary of State for the Home Department and British Medical Association [2015] EWCA Civ 1034 offers rich pickings for information lawyers. It deals with the status of information about medical treatment; it looks at the scope of common law protection for private and confidential information generally; and it illustrates how wider public law concepts can apply in the field of information sharing.’

Full story

Panopticon, 16th October 2015

Source: www.panopticonblog.com

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Finance & Divorce Update October 2015 – Family Law Week

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during September 2015.’

Full story

Family Law Week, 11th October 2015

Source: www.familylawweek.co.uk

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Government refuses to publish legal basis for air strikes on Syria – The Independent

‘Two Government departments have refused to publish the legal advice that paved the way for Britain to launch a drone strike on Isis targets in Syria.’

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The Independent, 9th October 2015

Source: www.independent.co.uk

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Knowledge of breach of confidence – New Square Chambers

Posted October 7th, 2015 in confidentiality, contract of employment, damages, news by sally

‘Such issues were central in Vestergaard A/S v Bestnet Europe Limited [2013] UKSC 31 (V v B). Shortly afterwards the Patents County Court (two months before it became the Intellectual Property Enterprise Court) had to decide in Pintorex Limited v Parax Limited [2013] EWPCC 36 (P v P), theliability of a sole director and sole shareholder of a company, by the application of the guidelines in Vestergaard. The Judge in P v P was Mr Recorder Alastair Wilson QC, who represented the successful respondents in V v B.’

Full story

New Square Chambers, 30th September 2015

Source: www.newsquarechambers.co.uk

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‘Vilified’ doctor cannot publish patient’s private information – Panopticon

‘In the Matter of C (A Child) (Application by Dr X and Y) [2015] EWFC 79 involved, in the words of Munby J, an unusual and indeed unprecedented application. It pitted the right to defend one’s reputation against the privacy and confidentiality rights of others. In this case, the latter won.
Dr X had treated C and C’s mother; he had also been an expert witness in the family court care proceedings concerning C. C’s mother was unhappy about the treatment given by Dr X. She complained about him to the GMC, whose Fitness to Practise panel in due course found the allegations against Dr X to be unproven. C’s mother also criticised Dr X publicly in the media.’

Full story

Panopticon, 1st October 2015

Source: www.panopticonblog.com

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Prisoners’ legal letters opened by prison staff, admits ombudsman – The Guardian

Posted September 29th, 2015 in confidentiality, news, ombudsmen, postal service, prisons, privacy, privilege by sally

‘Prisoners’ confidential legal letters to and from their lawyers and the courts have been wrongly opened by prison staff in half of cases investigated by the prisons ombudsman in the past year.’

Full story

The Guardian, 29th September 2015

Source: www.guardian.co.uk

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Dawson-Damer and others v Taylor Wessing LLP and others – WLR Daily

Dawson-Damer and others v Taylor Wessing LLP and others [2015] EWHC 2366 (Ch); [2015] WLR (D) 361

‘The purpose of section 7 of the Data Protection Act 1998 entitling an individual to have access to information in the form of his “personal data” was to enable him to check whether the data controller’s processing of it unlawfully infringed his privacy and, if so, to take such steps as the Act provided, to protect it. It was no part of its purpose to enable the individual to obtain discovery of documents that might assist him in litigation or complaints against third parties.’

WLR Daily, 6th August 2015

Source: www.iclr.co.uk

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High court to rule on MPs’ claim that data retention act damages privacy – The Guardian

‘High court judges will give their decision on Friday on an accusation that the government has imposed laws which allow the police and security services to “spy on citizens” without proper safeguards.’

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The Guardian, 17th July 2015

Source: www.guardian.co.uk

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Tribunal rejects request for correspondence between solicitor and planning officers – Local Government Lawyer

‘The First-Tier Tribunal has ruled that a district council was entitled to refuse to disclose correspondence passing between one of its solicitors and various members of its planning department.’
Full story

Local Government Lawyer, 30th June 2015

Source: www.localgovernmentlawyer.co.uk

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