SFO will not appeal landmark litigation privilege ruling – OUT-LAW.com

‘The Serious Fraud Office (SFO) will not appeal to the Supreme Court last month’s ruling that documents generated in connection with an investigation into the Eurasian Natural Resources Corporation (ENRC) were protected by litigation privilege, it has confirmed.’

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OUT-LAW.com, 3rd October 2018

Source: www.out-law.com

Litigation Privilege: rationale and scope defined — Guy Mansfield QC – UK Human Rights Blog

Posted September 10th, 2018 in confidentiality, disclosure, fraud, news, privilege by tracey

‘The Director of the SFO v ENRC [2018] EWCA Civ 2006. Eurasian Natural Resources Corp, the defendant to the Serious Fraud Office’s application to enforce notices seeking to compel the production of documents, has had a chequered history in the last 10 years since it came to the London market (in January 2014 it delisted and went private). In December 2010, a whistleblower alerted the company by email to serious allegations of corruption, fraud and bribery within its group.’

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UK Human Rights Blog, 10th September 2018

Source: ukhumanrightsblog.com

Landmark privilege win: appeal court rules against SFO in ENRC case – Law Society’s Gazette

Posted September 6th, 2018 in confidentiality, disclosure, fraud, news, privilege by tracey

‘The protective scope of professional privilege received an important boost today when an appeal ruled that in-house advice prepared prior to court proceedings is as protected by privilege as that given in the defence of proceedings. In a much awaited ruling, the President of the Queen’s Bench Division Sir Brian Leveson, Chancellor of the High Court Sir Geoffrey Vos and Lord Justice McCombe this morning backed an appeal over a High Court ruling that a business under investigation by the Serious Fraud Office should turn over materials prepared for an earlier internal investigation.’

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Law Society's Gazette, 5th September 2018

Source: www.lawgazette.co.uk

Anonymous LiP ordered to identify himself – nine months into action – Law Society’s Gazette

‘A litigant in person who is trying to sue web giant Google in the High Court has successfully concealed his identity from court staff and the defendant – as well as the judge – for more than nine months, it has emerged.’

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Law Society's Gazette, 29th August 2018

Source: www.lawgazette.co.uk

Help! Somebody has stolen my client list – Henderson Chambers

Posted August 9th, 2018 in confidentiality, copyright, database right, fiduciary duty, news, pleadings by sally

‘Companies can invest significant sums in the creation and maintenance of their client lists. Unsurprising, their client lists are often closely guarded. But what if protections fail? Under the Copyright and Rights in Databases Regulations 1997, firms can bring actions against those that access and download their client list (for instance, a former employee). The wronged party can demand the return or destruction of the confidential information, an injunction to prevent its use and damages for any losses.’

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Henderson Chambers, July 2018

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Family Mediation: Piercing the cloak of confidentiality – Family Law Week

Posted June 27th, 2018 in confidentiality, dispute resolution, families, news by tracey

‘Deborah Eaton QC, 1 King’s Bench Walk, Hassan Khan, 4 Paper Buildings and Mark Irving, Harbottle & Lewis examine whether mediation agreements are always susceptible to privilege, following Mr Justice Williams’s judgment in BL v TC & OD [2017] EWHC 3363.’

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Family Law Week, 21st June 2018

Source: www.familylawweek.co.uk

£2.4m spent on House of Commons gagging clauses – BBC News

Posted June 22nd, 2018 in bullying, confidentiality, disclosure, news, parliament by tracey

‘The House of Commons spent £2.4m on “gagging clauses” for former staff since 2013, BBC Newsnight has learned. Fifty-three departing members of the House of Commons Service signed contracts compelling them not to reveal information about the Commons.’

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BBC News, 22nd June 2018

Source: www.bbc.co.uk

SRA warning over sexual misconduct NDAs “put solicitors in difficult position” – Legal Futures

‘The Solicitors Regulation Authority’s warning about using non-disclosure agreements (NDAs) in cases of sexual harassment puts solicitors in a difficult position and may even discourage reporting, it has been claimed.’

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Legal Futures, 19th March 2018

Source: www.legalfutures.co.uk

High Court grants legal challenge against NHS-Home Office deal to hand over patient data to immigration officials – The Independent

Posted March 2nd, 2018 in confidentiality, immigration, judicial review, medical records, news by tracey

‘The High Court has granted a legal challenge against a NHS-Home Office deal to hand over patient data to immigration officials. The challenge, put forward by Migrants Rights Net (MRN), a UK charity advocating for the rights of migrants, will now go to a full hearing.’

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The Independent, 2nd March 2018

Source: www.independent.co.uk

Solicitor loses appeal against order to give evidence on Russian client’s assets and not tip him off about it – Legal Futures

Posted March 1st, 2018 in appeals, confidentiality, evidence, news, notification, privilege, solicitors by sally

‘A solicitor compelled to give evidence about a billionaire Russian client’s assets, and forbidden from revealing his court appearance to the client, has lost his appeal against those orders.’

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Legal Futures, 28th February 2018

Source: www.legalfutures.co.uk

Top police officer faces dismissal over loss of confidential papers – The Guardian

Posted February 14th, 2018 in confidentiality, disciplinary procedures, dismissal, news, police by michael

“A senior counter-terrorism police officer who had top-secret documents stolen from his car has been recommended for dismissal over the error by a disciplinary panel.”

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The Guardian, 13th February 2018

Source: www.theguardian.com

Repair company employee convicted for passing on customer details for PI cold calls – Legal Futures

‘A former worker at an accident repair firm who downloaded and sold the personal data of motorists to nuisance callers has been convicted under the Data Protection Act of unlawfully obtaining and disclosing data.’

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Legal Futures, 9th February 2018

Source: www.legalfutures.co.uk

Criminal allegations against the dead – Law & Religion UK

Posted January 24th, 2018 in child abuse, Church of England, clergy, confidentiality, evidence, news, sexual offences by tracey

‘On 22 January 2018, the House of Lords debated the naming of deceased individuals against whom criminal allegations have been made, for which specific reference was made to the Carlile Report on the handling of the Bishop George Bell issue. This was particularly timely in view of the controversy that has arisen relating to the Church of England’s position relating to confidentiality.’

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Law & Religion UK, 24th January 2018

Source: www.lawandreligionuk.com

Paradise Papers legal action against BBC and Guardian condemned – The Guardian

‘Two of the key media partners in the Paradise Papers investigation have condemned the legal action that is seeking to force the Guardian and the BBC to disclose documents used by reporters.’

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The Guardian, 19th December 2017

Source: www.theguardian.com

No Springboard Injunction for Breach of Confidence – Blackstone Chambers

‘Despite some suspect behaviour by the Defendants, the High Court refused to grant a springboard injunction to the Claimant for breach of confidence because the balance of evidence did not support the conclusion that any advantage had been gained through misuse of confidential information.’

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Blackstone Chambers, 27th November 2017

Source: www.employeecompetition.com

Policeman jailed for selling crash data to claims firm – which were sold on to law firms – Legal Futures

‘Two married constables working for Lancashire Police were sentenced last month for stealing police data about car crashes and selling it to claims firms for £363,000.’

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Legal Futures, 8th November 2017

Source: www.legalfutures.co.uk

High Court grants injunction to stop former in-house solicitor acting against ex-employer – Legal Futures

‘The High Court has granted an injunction restraining a former in-house solicitor from acting in proceedings against her former employer, saying that even if she was aware of the danger of disclosing confidential information, she might still subconsciously use it.’

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Legal Futures, 30th October 2017

Source: www.legalfutures.co.uk

High Court: TV formats can be protected by copyright even if elements of the shows are spontaneous or changeable – OUT-LAW.com

Posted October 27th, 2017 in confidentiality, copyright, documents, media, news, statutory interpretation by sally

‘Media companies that create TV game or quiz shows can win copyright protection for the format of those programmes in certain circumstances, the High Court in London has ruled.’

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OUT-LAW.com, 26th October 2017

Source: www.out-law.com

Podcast on the Lachaux decision – 5RB

Posted October 20th, 2017 in confidentiality, defamation, media, news, privilege by sally

‘On Tuesday 10th October, 5RB held a panel discussion to review the recent Court of Appeal decision in Lachaux v Independent Print Ltd, Evening Standard Ltd, AOL (UK) Ltd. and its ramifications for the serious harm threshold.’

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5RB, 19th October 2017

Source: www.5rb.com

Council wins injunction against duo to prevent disclosure of school information – Local Government Lawyer

Posted September 12th, 2017 in confidentiality, disclosure, education, injunctions, local government, media, news by tracey

‘The London Borough of Croydon has secured an injunction to prevent a former headteacher and an educational advocate from disclosing information about a school that it considers confidential.’

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Local Government Lawyer, 12th September 2017

Source: localgovernmentlawyer.co.uk