Can you sack your opponent’s solicitor? You can try… Glencairn IP Holdings Ltd v Product Specialities Inc (t/a ‘Final Touch’) [2020] EWCA Civ 609 – Hailsham Chambers

Posted May 26th, 2020 in chambers articles, confidentiality, disclosure, law firms, news, solicitors by sally

‘It is well established that a litigant may restrain his former solicitors from acting for his opponent where: (i) those former solicitors are in possession of relevant, adverse confidential information and (ii) there is even a slight risk of that information being disclosed (Bolkiah v KPMG).1 But the issue in Glencairn, was whether a litigant could prevent solicitors from acting for his current opponent because that firm had acted for a former opponent in similar litigation which was settled on confidential terms. Did the solicitors’ knowledge of the applicant’s confidential settlement strategy in similar litigation (against a different party) give an unfair advantage which meant the solicitors should be prohibited from acting?’

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Hailsham Chambers, 13th May 2020

Source: www.hailshamchambers.com

High Court rules on the effect of confidentiality clause in a settlement agreement – St Ives Chambers

Posted May 18th, 2020 in appeals, chambers articles, confidentiality, contracts, damages, employment, news by sally

‘In Duchy Farm Kennels Limited v Steels [2020] EWHC 1208 (QB) Alexander PritchardJones appeared in an important case about the effect of breaches of confidentiality clauses contained within settlement agreements.’

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St Ives Chambers, 14th May 2020

Source: www.stiveschambers.co.uk

Solicitor cleared over alleged confidentiality breach – Legal Futures

Posted May 12th, 2020 in confidentiality, disciplinary procedures, news, solicitors by sally

‘A solicitor accused of disclosing to a client confidential information about a former client has been cleared of wrongdoing by a disciplinary tribunal.’

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Legal Futures, 11th May 2020

Source: www.legalfutures.co.uk

Scott v LGBT Foundation Ltd: When Dealing with Personal Information Falls Outside the Data Protection Regime – The 36 Group

‘In Scott v LGBT Foundation Ltd [2020] EWHC 483 (QB) the High Court held that “a verbal disclosure does not constitute the processing of personal data” under the Data Protection Act 1998 (“DPA 1998”).’

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The 36 Group, 5th May 2020

Source: 36group.co.uk

Children seeing parents “distressed” by remote hearings – Legal Futures

‘Children are “coming in and out of the room” during remote family law hearings and in some cases witnessing their “distressed” parents, a major study has found.’

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Legal Futures, 7th May 2020

Source: www.legalfutures.co.uk

Working from Home during COVID-19 – Thomas More Chambers

‘During these unprecedented times, working from home on a full-time basis has become the ‘new normal’. This is in stark contrast to before the coronavirus (COVID-19) pandemic began, when out of 32.6 million people in employment, only 1.7 million regularly worked from home. The change to enforced homeworking was swift and represented significant changes to the lifestyle and routines of both employers and employees, which, in turn, creates a number of legal and practical issues for employers. It is currently unknown how long homeworking will last for, or indeed if the outbreak of COVID-19 will cause a shift towards homeworking on a permanent basis.’

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Thomas More Chambers, 30th April 2020

Source: www.thomasmore.co.uk

Anger as watchdog clears Alzheimer’s Society of wrongdoing – The Guardian

‘The charity watchdog is embroiled in a row with ex-employees of the Alzheimer’s Society after clearing it of wrongdoing, following claims in a Guardian investigation over payouts to workers who signed non-disclosure agreements (NDAs).’

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The Guardian, 4th May 2020

Source: www.theguardian.com

Solicitor’s Duty When Redacting Documents: Infederation Ltd v Google LLC [2020] EWHC 657 (Ch) – Blackstone Chambers

Posted April 24th, 2020 in chambers articles, confidentiality, disclosure, documents, news, solicitors by sally

‘It is often the case that documents that must be disclosed in proceedings contain confidential information. Clients are understandably concerned to take all appropriate steps to safeguard the confidentiality of disclosed documents. This is particularly the case where the purpose of the proceedings is the protection of confidential information, such as the enforcement of a non-compete restrictive covenant or duty of confidence. The courts have recognised a number of legitimate techniques to limit the disclosure of confidential information in such circumstances. These include confidentiality rings and the redaction of documents. Both were considered in the recent case of Infederation v Google in which the High Court gave important guidance to solicitors in their approach to redaction of documents on grounds of confidentiality.’

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Blackstone Chambers, 21st April 2020

Source: www.employeecompetition.com

Health Records and the Deceased – Panopticon

Posted April 23rd, 2020 in bereavement, confidentiality, data protection, families, medical records, news by sally

‘The Access to Health Records Act 1990 is an oft-overlooked member of the information rights family, but it can have a useful role to play. In the case of Re AB [2020] EWHC 691 (Fam) (Re AB) it was important because the applicant was the personal representative seeking the health records of a deceased sibling; precisely the sort of territory to which data protection law does not apply.’

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Panopticon, 23rd April 2020

Source: panopticonblog.com

High Court: Experts owe clients “fiduciary duty of loyalty” – Litigation Futures

Posted April 16th, 2020 in confidentiality, expert witnesses, fiduciary duty, news, privilege by sally

‘Expert witnesses owe a fiduciary obligation of loyalty to their client and it is not satisfied simply by putting in place measures to preserve confidentiality and privilege, the High Court has ruled.’

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Litigation Futures, 16th April 2020

Source: www.litigationfutures.com

Do Medical Practitioners have a duty to disclose Genetic Disorders despite the Principles of Confidentiality? – Exchange Chambers

‘An analysis of the ethical and legal considerations underpinning a decision to inform a patient’s relatives about a diagnosis of a genetic disorder in light of the recent judgment handed down in ABC v St Georges Healthcare and Others [2020] EWHC 455 (QB).’

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Exchange Chambers, 25th March 2020

Source: www.exchangechambers.co.uk

Patient confidentiality – to breach or not to breach? – No. 5 Chambers

‘In 2007 C’s father (XX) killed his wife, C’s mother. He was made the subject of a hospital order. He was treated by D1’s multidisciplinary team. In 2009 his care was transferred to Dr O, a consultant forensic psychiatrist. C took part in family therapy sessions through D2. There was a suspicion that XX had Huntington’s disease but he refused to undergo genetic testing. He did not want C or her sister to know. His patient confidentiality was respected by D1 and D2. About this time C became pregnant. In 2013 C tested positive for Huntington’s. C was accidentally informed that XX had tested positive.’

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No. 5 Chambers, 10th March 2020

Source: www.no5.com

Doctor/patient confidentiality in genetic disease case – UK Human Rights Blog

Posted March 5th, 2020 in confidentiality, doctors, duty of care, hospitals, news, notification, third parties by tracey

‘ABC v St George’s Healthcare Trust and others [2020] EWHC 455 (QB). The High Court has ruled that the health authorities owed a duty of care to the daughter of their patient who suffered from the hereditary neurodegenerative order Huntington’s Chorea, to inform her about his condition. But in the circumstances, Yip J concluded that the duty was not breached and that causation had not been established.’

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UK Human Rights Blog, 29th February 2020

Source: ukhumanrightsblog.com

Commons spends more than £800,000 on paying off former staff – BBC News

Posted March 5th, 2020 in confidentiality, news, non-disclosure agreements, parliament by tracey

‘The House of Commons has paid out hundreds of thousands of pounds in non-disclosure and settlement agreements with former employees, according to official figures.’

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BBC News, 5th March 2020

Source: www.bbc.co.uk

The President’s Call For Evidence – First Thoughts – Transparency Project

‘It was last May, not long after he had dealt with journalist and TP member Louise Tickle’s successful appeal against a wrongly imposed reporting restriction order, that the President of the Family Division announced he would be holding a ‘Transparency Review’.’

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Transparency Project, 11th February 2020

Source: www.transparencyproject.org.uk

President in call for evidence as part of Transparency Review in Family Court – Local Government Lawyer

Posted February 4th, 2020 in anonymity, confidentiality, family courts, news, practice directions by sally

‘The President of the Family Division, Sir Andrew McFarlane, has issued a call for evidence as part of the Family Court’s ‘Transparency Review’.’

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Local Government Lawyer, 4th February 2020

Source: www.localgovernmentlawyer.co.uk

Disclosing client instructions did not end confidentiality – OUT-LAW.com

Posted January 30th, 2020 in confidentiality, disclosure, news, privilege, solicitors by tracey

‘A law firm which provided written confirmation to a financing bank that it had had received instructions from its client did not automatically bring legal advice privilege to an end, and so need not provide the bank with other documents relating to a dispute between the lender and the client, the Court of Appeal of England and Wales has ruled.’

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OUT-LAW.com, 29th January 2020

Source: www.pinsentmasons.com

Case Note: Raiffeisen Bank International AG v Asia Coal Energy Ventures Ltd (1) Ashurst LLP (2) [2020] EWCA Civ 11 – Hailsham

Posted January 28th, 2020 in chambers articles, confidentiality, disclosure, news, privilege, solicitors by sally

‘The last few years has seen a raft of higher court authority dealing with questions of the nature of the law of the various types of privilege when it comes to disclosure of documents. In the latest case, the Court of Appeal has held that confidentiality and privilege is not lost in respect of documents pertaining to client instructions simply because a solicitor makes a statement to a third party pursuant to those instructions.’

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Hailsham Chambers, 23rd January 2020

Source: www.hailshamchambers.com

Privileged Information and Settlement Agreements – Parklane Plowden Chambers

‘Do Defendants have a right to see unredacted settlement agreements which have privileged communications in them? The case of BGC Broker LP (above) addresses this.’

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Parklane Plowden Chambers, 17th January 2020

Source: www.parklaneplowden.co.uk

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.’

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Littleton Chambers, 21st November 2019

Source: www.littletonchambers.com