The Importance of Pre-Action Decisions in Employee Competition Litigation – Littleton Chambers

‘Employee competition litigation typically starts with the discovery of some perceived threat to a business: perhaps the theft or removal of confidential documentation or information; the co-ordinated departure of key employees; or evidence of breaches of post termination covenants. Decisions have to be taken, often under time pressure, about how best to respond to that threat: is a without notice application justified? Is pre-action correspondence appropriate, and if so in what terms? What if any undertakings should be sought? These critical early decisions can have a significant impact on the future conduct of any litigation, including issues of costs and interim relief.’

Full Story

Littleton Chambers, 21st November 2019

Source: www.littletonchambers.com

‘I’m a Celebrity – Get Me a Confidentiality Clause!’ – No. 5 Chambers

Posted November 26th, 2019 in confidentiality, consent, divorce, media, news, non-disclosure agreements by sally

‘The national press has relished reporting the ongoing saga of Ant McPartlin’s divorce from his former wife, Lisa Armstrong. The public have been informed of the details regarding the extent of the couple’s wealth (reported to be around £62m), the amount the couple have spent on legal costs (reported to be £1.5m) and the latest offer made by Ant (reported to consist of a package which would leave Lisa with around £31m). Lisa denies that Ant has made such an offer but perhaps of most interest to divorce lawyers is the suggestion that whatever the true extent of Ant’s offer, Lisa is not prepared to sign a consent order due to Ant’s insistence that any such order should contain a non-disclosure agreement (N.D.A.)’

Full Story

No. 5 Chambers, 19th November 2019

Source: www.no5.com

Regulator warns barristers against heated Twitter debates – Law Society’s Gazette

‘Barristers have been warned they could face disciplinary action if they take part in ‘heated’ internet debates, post ‘distasteful’ comments online, or – even – reveal their whereabouts via social media.’

Full Story

Law Society's Gazette, 21st October 2019

Source: www.lawgazette.co.uk

BAILII and the re-use of judgments as public legal information – Transparency Project

Posted October 1st, 2019 in confidentiality, copyright, internet, judgments, news, privacy by sally

‘For all practical purposes, the free legal database run by the British and Irish Legal Information Institute (BAILII) is an official source of judgments from senior courts that any member of the public or any journalist can use. But while anyone can read individual judgments and quote bits of them elsewhere, what are the rules about downloading and re-using the content in bulk? Is it public open data or are there restrictions on its re-use? There seems to be some confusion about this, which this article aims to unpick.’

Full Story

Transparency Project, 1st October 2019

Source: www.transparencyproject.org.uk

High Court denies anonymity to ex-client suing firm – Litigation Futures

‘A former client suing Leeds law firm Shulmans for £4m has lost his bid to do so anonymously.’

Full Story

Litigation Futures, 30th September 2019

Source: www.litigationfutures.com

Shamima Begum: journalists will not have to hand over notes – The Guardian

Posted September 5th, 2019 in citizenship, confidentiality, disclosure, media, news, police, terrorism by tracey

‘Journalists who interviewed Shamima Begum will not be forced to hand over their notes to counter-terrorism investigators, as police look to build a potential prosecution of the young “Isis bride”.’

Full Story

The Guardian, 4th September 2019

Source: www.theguardian.com

Solicitor sanctioned for “puerile” social media posts on clients – Legal Futures

‘A solicitor who repeatedly made “inappropriate and puerile comments” on social media about his clients’ matters, and revealed confidential information, has been rebuked for his conduct.’

Full Story

Legal Futures, 30th August 2019

Source: www.legalfutures.co.uk

The “long arm” of the police – how “confidential” are family proceedings? – UK Human Rights Blog

‘“Not very” seems to be the answer in the Court of Appeal decision in M (Children) [ 2019] EWCA Civ 1364 . Sir Andrew McFarlane upheld Keehan J’s decision to disclose the parents’ initial statement and position statement to the police following the initial interim care hearing. In family proceedings parents are advised that their evidence is confidential to those proceedings. They are encouraged to be open and frank and to understand that their children’s interests are the Court’s main concern. But something seems to be eroding these principles, a trend set since the case of Re H (Children) [2009] EWCA. The Court of appeal approved the test from Re C ( see below) and gave it the “fit for purpose” badge. The decision should be seen in the context of this being a police terrorism enquiry.’

Full Story

UK Human Rights Blog, 7th August 2019

Source: ukhumanrightsblog.com

Government to legislate for legal advice on NDAs – Legal Futures

‘The government has pledged to change the law to ensure that employees signing non-disclosure agreements (NDAs) receive independent legal advice.’

Full Story

Legal Futures, 22nd July 2019

Source: www.legalfutures.co.uk

Small law firms can set up effective ‘Chinese walls’, says judge – Legal Futures

Posted July 9th, 2019 in confidentiality, intellectual property, law firms, news by sally

‘It is wrong to suggest that ‘Chinese walls’ set up by small law firms to prevent confidentiality breaches will “never be effective”, a judge has ruled.’

Full Story

Legal Futures, 9th July 2019

Source: www.legalfutures.co.uk

Employment lawyers acknowledge place for further regulation of confidentiality agreements but express concern over lack of regulatory clarity – Local Government Lawyer

‘There is a place for further review and regulation of confidentiality agreements (or NDAs), particularly in settlement agreements, to reduce the risk that such agreements prevent proper reporting of sexual misconduct at work, the Employment Lawyers Association (ELA) has said.’

Full Story

Local Government Lawyer, 9th May 2019

Source: www.localgovernmentlawyer.co.uk

Church rejects report which says clergy should be allowed to go to police with sex abuse confessions – Daily Telegraph

‘The Church of England is ignoring abuse victims, survivors claim, after it rejected a report saying that clergy should report sex abuse confessions to police.’

Full Church of England report

Full Story

Daily Telegraph, 8th May 2019

Source: www.telegraph.co.uk

Solicitors must think about “impression created” by NDAs – Legal Futures

‘Solicitors must think beyond the drafting of non-disclosure agreements (NDAs) and confidentiality agreements to the “impression created” by them, a panel of experts has warned.’

Full Story

Legal Futures, 1st April 2019

Source: www.legalfutures.co.uk

“No ethical leadership”: Law Society blasted over NDA guidance – Legal Futures

‘Law Society guidance on the use of non-disclosure agreements (NDAs) demonstrates an absence of “ethical leadership” and shows why the profession cannot be allowed to sort such issues on its own, a leading academic has claimed.’

Full Story

Legal Futures, 15th March 2019

Source: www.legalfutures.co.uk

Winstone v MGN- 39 Essex Chambers

‘In this article Richard Spearman QC discusses the issues raised in Winstone and Others v MGN Ltd [2019] EWHC (Ch) 265 in which he represented the defendant. The application arose in the Mirror Newspapers Hacking Litigation, and concerned the extent to which materials subject to legal professional privilege remained susceptible to protection after they had been pleaded by claimants.’

Full Story

39 Essex Chambers, 28th February 2019

Source: www.39essex.com

‘Unethical’ use of NDAs prompts consultation on laws to protect victims – Law Society’s Gazette

‘The government today indicated it will legislate to stop employers from using confidentiality clauses to intimidate victims of harassment into silence.’

Full Story

Law Society's Gazette, 4th March 2019

Source: www.lawgazette.co.uk

Defined penalties gives Pensions Regulator powers to protect defined benefit schemes – Doughty Street Chambers

Work and Pensions Secretary Amber Rudd MP has announced that the government will introduce two new criminal offences to penalise the mismanagement of pension schemes.

Full Story

Doughty Street Chambers, 11th February 2019

Source: insights.doughtystreet.co.uk

Lucy Bone on Confidentiality Clauses and Sexual Harassment – Littleton Chambers

‘Can an employer rely on a contractual confidentiality clause to prevent disclosure of allegations of harassment and discrimination? This was the question posed in Linklaters v. Mellish [2019] EWHC 177, heard by the High Court last week.’

Full Story

Littleton Chambers, 18th February 2019

Source: www.littletonchambers.com

Linklaters’ “women in the workplace” dispute settled – Legal Futures

‘The legal dispute between City giant Linklaters and its former global business development director over his intention to discuss its “ongoing struggle… with women in the workplace” has ended.’

Full Story

Legal Futures, 19th February 2019

Source: www.legalfutures.co.uk

Confidentiality – Panopticon

‘Two recent decisions of the FTT on confidential information are of interest, one under FoIA, the other under the EIR, with a local authority being the public authority in both cases.’

Full Story

Panopticon, 7th February 2019

Source: panopticonblog.com