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”.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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

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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.’

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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.’

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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.’

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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.’

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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.

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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.’

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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.’

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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.’

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Panopticon, 7th February 2019

Source: panopticonblog.com

What is really being protected in the Linklaters case? – Legal Futures

‘The Linklaters v Mellish case has brought the issue of how law firms deal with sexual harassment, and how the courts deal with confidentiality, back into the spotlight.’

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Legal Futures, 7th February 2019

Source: www.legalfutures.co.uk

Magic circle firm wins gagging order over ‘struggle with women in workplace’ – Law Society’s Gazette

Posted February 6th, 2019 in confidentiality, injunctions, law firms, news, public interest, women by tracey

‘Magic circle firm Linklaters has secured an order barring its former director of business development from giving interviews about what was described in court as an “ongoing struggle with women in the workplace”.

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Law Society's Gazette, 6th February 2019

Source: www.lawgazette.co.uk

Home Office still using NHS patient data for immigration enforcement despite suggesting it would end practice – The Independent

‘The Home Office is obtaining patient data from the NHS and using it for immigration enforcement purposes, despite suggesting last year that this form of data-sharing would no longer take place. A report by the chief inspector of borders reveals immigration enforcement teams are using hospital records containing data on migrants with an outstanding debt to the NHS of £500 or more.’

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The Independent, 4th February 2019

Source: www.independent.co.uk

Philip Green ends ‘gagging order’ legal action against Telegraph – The Guardian

‘Sir Philip Green and his business empire, Arcadia, have ended their legal claim against the Telegraph after the newspaper reported allegations of sexual and racial harassment against him.’

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The Guardian, 28th January 2019

Source: www.theguardian.com

Fraud case shows importance of internal investigations – OUT-LAW.com

Posted January 15th, 2019 in confidentiality, contracts, database right, employment, fraud, news, privilege by tracey

‘A recent High Court case demonstrates that companies will usually need to carry out their own internal investigations before being able to successfully obtain certain court orders in cases of suspected employee fraud, an expert has said.’

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OUT-LAW.com, 14th January 2019

Source: www.out-law.com