UK Arbitration Act: Time for a revamp? – 4 New Square

‘Several countries have moved to amend their arbitration legislation, but the UK is yet to modernise its 1996 Arbitration Act, CDR explores what these provisions could look like and whether the market wants it.’

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4 New Square, 12th November 2018

Source: www.4newsquare.com

Legal Challenge Protects Our Confidential NHS Data Being Shared with Home Office – Rights Info

‘NHS Digital has confirmed its withdrawal from an agreement to give the Home Office access to confidential data for immigration enforcement, following a legal challenge by campaigners.’

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Rights Info, 12th November 2018

Source: rightsinfo.org

Security firm pays damages to anti-asbestos activists it spied on – The Guardian

‘A private security firm has been forced to pay damages to five anti-asbestos campaigners after they discovered it had spied on them. The firm, K2 Intelligence, paid an infiltrator for four years to masquerade as a sympathetic documentary-maker to obtain confidential information about leading activists in the worldwide campaign to ban asbestos.’

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The Guardian, 8th November 2018

Source: www.theguardian.com

Essex PC guilty of gross misconduct after searches – BBC News

‘A police officer who used force systems to make “multiple” searches of three people has been found guilty of gross misconduct.’

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BBC News, 3rd October 2018

Source: www.bbc.co.uk

Merits relevant in granting interim injunction: Berry Recruitment Limited v Brooke Donovan [2018] EWHC 2280 (QB) – Blackstone Chambers

‘An interim injunction was granted to a recruitment consultant against a former employee. Since there was a possibility that the restrictive covenant in question might expire before a speedy trial could be heard, the Judge took into account the relative merits of the claim.’

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Blackstone Chambers, 1st October 2018

Source: www.employeecompetition.com

Philip Green and non-disclosure agreements: do we have a right to know? – UK Human Rights Blog

‘The circumstances in which a court should prevent the press from reporting information about famous people has long provoked debate. The decision of the Court of Appeal in ABC & Ors v Telegraph Media Group Ltd [2018] EWCA Civ 2329 is no exception, attracting extensive press coverage and comment from the #MeToo movement.’

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UK Human Rights Blog, 30th October 2018

Source: ukhumanrightsblog.com

Why the judges got it wrong in granting Philip Green an injunction – The Guardian

‘The court of appeal failed to see the case from the point of view of victims of sexual harassment.’

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The Guardian, 27th October 2018

Source: www.theguardian.com

Vicarious liability for data breaches: Court of Appeal dismisses Morrisons’ challenge – Panopticon

‘Large-scale civil litigation is one of the developing contours of data protection law. Last week’s judgment in Lloyd v Google – a novel representative action based on allegedly unlawful processing activities – is one illustration. When it comes to group litigation on the back of a data breach, our best illustration thus far is the groundbreaking group action against Morrisons.’

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Panopticon, 22nd October 2018

Source: panopticonblog.com

Morrisons loses data leak challenge – BBC News

‘Morrisons has lost its challenge to a High Court ruling that it is liable for a data breach that saw thousands of its employees’ details posted online.’

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BBC News, 22nd October 2018

Source: www.bbc.co.uk

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

Source: 3yf6pp3bqg8c3rycgf1gbn9w-wpengine.netdna-ssl.com

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