Top barrister accuses Labour of ‘spin’ over NDAs gagging ex-staff – The Guardian

‘One of the UK’s most high-profile freedom of expression lawyers has accused Labour of “spin and dissembling” for denying it attempted to stop two female ex-staffers from speaking about sexual harassment. In a highly unusual intervention, Mark Stephens, who represented Georgie Robertson and Laura Murray, said there were “high public interests at play” and said the party was “undermining their credibility” by issuing statements denying it had tried to offer them non-disclosure agreements.’

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The Guardian, 21st July 2022

Source: www.theguardian.com

‘The worst law on earth’: why the rich love London’s reputation managers – The Guardian

‘Boris Johnson has vowed to level the playing field on which oligarchs stifle those who scrutinise them. How can he do it?’

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The Guardian, 8th June 2022

Source: www.theguardian.com

Legal professional privilege in the UK – OUT-LAW.com

‘If a document is privileged, the basic position is it can be withheld from third parties.’

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OUT-LAW.com, 13th May 2022

Source: www.pinsentmasons.com

Identity of person instructing solicitors not covered by privilege – Legal Futures

‘The High Court has rejected a company’s claim to litigation privilege over the identity of who instructed its lawyers.’

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Legal Futures, 16th May 2022

Source: www.legalfutures.co.uk

New Judgment: Bloomberg LP v ZXC [2022] UKSC 5 – UKSC Blog

‘The Respondent is a US citizen. He and his employer were the subject of a criminal investigation by a UK Legal Enforcement Body. During that investigation, the UKLEB sent a confidential Letter of Request to the authorities of a foreign state seeking, among other things, information and documents relating to the Respondent. The Letter expressly requested that its existence and contents remain confidential.’

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UKSC Blog, 16th February 2022

Source: ukscblog.com

Balancing transparency and confidentiality ‘really difficult’ – McFarlane – Law Society’s Gazette

‘Greater transparency is necessary for the public to have confidence in the family justice system but balancing openness with confidentiality will be “really difficult”, the president of the Family Division told MPs today.’

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Law Society's Gazette, 11th January 2022

Source: www.lawgazette.co.uk

Court throws out claim over law firm’s “trivial” data breach – Legal Futures

‘The High Court has imposed indemnity costs on a family that claimed damages for distress after a law firm accidentally sent an email about outstanding school fees to the wrong person.’

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Legal Futures, 21st October 2021

Source: www.legalfutures.co.uk

Transparency 1 – 0 Confidentiality?: Manchester City v The Premier League in the Court of Appeal – Littleton Chambers

‘The Court of Appeal this week handed down its decision in Manchester City Football Club Ltd v The Football Association Premier League & Ors [2021] EWCA Civ 1110, the latest judgment to consider the difficult tension that exists between the generally confidential nature of sports arbitration and the desirability of transparency where matters of public interest arise.’

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Littleton Chambers, 22nd July 2021

Source: littletonchambers.com

Cyber-attacks, Theft of Confidential Information and Norwich Pharmacal Orders – The 36 Group

Posted June 24th, 2021 in affidavits, chambers articles, confidentiality, cross-examination, news by sally

‘In Stokoe Partnership Solicitors v Grayson & Ors [2021] EWCA Civ 626, the Court of Appeal considered the test for ordering the cross-examination of an individual, prior to trial, on the content of his sworn affidavit which had been provided pursuant to a Norwich Pharmacal order.’

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The 36 Group, 15th June 2021

Source: 36group.co.uk

Lawyer found guilty of criminal contempt of court, fined £7k for disclosing result of Supreme Court appeal prior to judgment being handed down – Local Government Lawyer

‘The Supreme Court has fined an environmental lawyer £5,000 after finding him in criminal contempt of court for deliberately disclosing the result of an appeal prior to hand down of the judgment.’

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Local Government Lawyer, 11th May 2021

Source: www.localgovernmentlawyer.co.uk

An Enlightened Approach to Taxpayer Confidentiality: The Story of the First Income Tax – Wilberforce Chambers

Posted April 15th, 2021 in confidentiality, income tax, news, privacy by sally

‘Confidentiality is a fundamental concept at the heart of the modern taxation system. The need to strike a balance between the taxpayer’s right to privacy and the requirement of HMRC to carry out its functions has been the subject of much legislation and litigation. There has been an explosion in the exchange of information between revenue authorities of different countries and British politicians have for years been under pressure to emulate the tradition of American presidents publishing their tax returns. But there is nothing new under the sun: the introduction of income tax in Britain at the end of the 18th century was dominated by concerns over taxpayer confidentiality, which led to measures being developed which have left their mark on today’s income tax system.’

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Wilberforce Chambers, 6th April 2021

Source: www.wilberforce.co.uk

An Enlightened Approach to Taxpayer Confidentiality: The Story of the First Income Tax – Wilberforce Chambers

‘Confidentiality is a fundamental concept at the heart of the modern taxation system. The need to strike a balance between the taxpayer’s right to privacy and the requirement of HMRC to carry out its functions has been the subject of much legislation and litigation.[1] There has been an explosion in the exchange of information between revenue authorities of different countries and British politicians have for years been under pressure to emulate the tradition of American presidents publishing their tax returns. But there is nothing new under the sun: the introduction of income tax in Britain at the end of the 18th century was dominated by concerns over taxpayer confidentiality, which led to measures being developed which have left their mark on today’s income tax system.’

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Wilberforce Chambers, 6th April 2021

Source: www.wilberforce.co.uk

Legal action begins against climate lawyer in Heathrow expansion row – The Independent

‘Court proceedings have been launched against a climate charity lawyer for leaking a decision to expand Heathrow Airport.’

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The Independent, 18th February 2021

Source: www.independent.co.uk

N.A. Moreham: Police investigations: privacy, confidence and public duties – UK Constitutional Law Association

Posted February 18th, 2021 in confidentiality, misuse of private information, news, police, public interest by sally

‘The Court of Appeal has recently affirmed the proposition that a person can be liable under the misuse of private information tort for revealing that someone is the subject of a police investigation before they have been charged. This raises important questions about the relationship between the citizen and the state when the former has the latter under investigation. But so far that relationship has not been central to the courts’ decision-making on this issue. Rather, the basis for liability has been a broad-brush conclusion that a person will generally have a reasonable expectation of privacy in the fact that they “have simply come under suspicion” of the police or other state authority. This blog post will suggest there is a better way to resolve these tricky cases.’

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UK Constitutional Law Association, 18th February 2021

Source: ukconstitutionallaw.org

Council secures injunction against man who circumvented redaction in child protection papers – Local Government Lawyer

‘The London Borough of Lambeth has won a final injunction against a man who was able to remove a redaction on papers concerning child welfare.’

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Local Government Lawyer, 11th February 2021

Source: www.localgovernmentlawyer.co.uk

Case Comment: Halliburton Company v Chubb Bermuda Insurance Ltd (Formerly known as Ace Bermuda Insurance Ltd) [2020] UKSC 48 – UKSC Blog

‘In this post, Neil Newing and Olivia Flasch who both practice at Signature Litigation, comment upon the decision handed down by the UK Supreme Court in the matter of Halliburton Company v Chubb Bermuda Insurance Ltd (Formerly known as Ace Bermuda Insurance Ltd) [2020] UKSC 48. They ask: is the decision a missed opportunity?’

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UKSC Blog, 2nd February 2021

Source: ukscblog.com

Racing Partnerships Ltd v. Sports Information Services Ltd: Court of Appeal sheds light on economic torts of breach of confidence and unlawful means conspiracy – Littleton Chambers

‘The Court of Appeal’s recent decision in Racing Partnership Ltd & others v. Sports Information Services Ltd [2020] EWCA Civ 1300 has provided clarity on the economic tort of unlawful means conspiracy and provided much food for thought on claims for breach of confidence.’

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Littleton Chambers, 1st December 2020

Source: littletonchambers.com

Confidential information—knowledge of unlawfulness not required for unlawful means conspiracy (The Racing Partnership Ltd v Sports Information Services Ltd) – Hardwicke Chambers

Posted November 12th, 2020 in confidentiality, horse racing, news, unlawful means conspiracy by sally

‘Practitioners acting in the more challenging cases of conspiracies involving the misuse of confidential information or otherwise interested in the history and development of tort (outside the tort of negligence) will find this case compelling and essential reading.’

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Hardwicke Chambers, 26th October 2020

Source: hardwicke.co.uk

Woman jailed after forging court order in bid to obtain medical records of relative subject to Court of Protection proceedings – Local Government Lawyer

‘A woman has been sentenced to an immediate term of imprisonment of 12 months after a High Court judge found she had forged a purported court order and sent it to an NHS trust with the intention of obtaining the medical confidential records of a relative, despite the court refusing to direct this.’

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Local Government Lawyer, 5th October 2020

Source: www.localgovernmentlawyer.co.uk

Disclosure of information to GP: not “data” under GDPR – UK Human Rights Blog

Posted August 13th, 2020 in charities, confidentiality, consent, disclosure, medical records, news, vetting by sally

‘The High Court has struck out a claim that the disclosure of certain personal information made by a charity to the claimant’s GP was unlawful. Although only summary, this judgment goes to the heart of what we believe data protection to be about. As you will tell from my somewhat trenchant comments at the end of this post, I find it difficult to accept the main conclusion in this ruling.’

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UK Human Rights Blog, August 2020

Source: ukhumanrightsblog.com