confidentiality – Current Awareness

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

Posted July 29th, 2021 in appeals, bias, chambers articles, Commercial Court, confidentiality, disciplinary procedures, disclosure, jurisdiction, news, sport by sally

‘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.’

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.’

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

Posted May 12th, 2021 in airports, appeals, barristers, confidentiality, contempt of court, disclosure, environmental protection, fines, judgments, news, Supreme Court by sally

‘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.’

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.’

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

Posted April 14th, 2021 in chambers articles, confidentiality, HM Revenue & Customs, news, privacy, taxation 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.[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.’

Wilberforce Chambers, 6th April 2021

Source: www.wilberforce.co.uk

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

Posted February 19th, 2021 in airports, appeals, barristers, climate change, confidentiality, contempt of court, disclosure, environmental protection, news, professional conduct, Supreme Court by tracey

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

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.’

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

Posted February 11th, 2021 in children, confidentiality, defamation, documents, harassment, injunctions, local government, news by sally

‘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.’

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

Posted February 3rd, 2021 in appeals, arbitration, bias, compensation, confidentiality, damages, disclosure, insurance, international law, news, Supreme Court by sally

‘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?’

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

Posted December 4th, 2020 in appeals, chambers articles, confidentiality, gambling, news, unlawful means conspiracy by sally

‘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.’

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.’

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

Posted October 6th, 2020 in confidentiality, contempt of court, Court of Protection, disclosure, forgery, medical records, news, sentencing by tracey

‘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.’

Local Government Lawyer, 5th October 2020

Source: www.localgovernmentlawyer.co.uk

Contempt of Court – Centek Holdings v Giles – NIPC Law

Posted July 7th, 2020 in committals, confidentiality, contempt of court, news, restrictive covenants by sally

‘A case that shows how the committal procedure works is Centek Holdings Ltd. and others v Giles EWHC 1682 (Ch) (26 June 2020). For over 17 years Mr Trustram Files has been the claimant companies’ product development manager. In August 2019 Mr Giles left the claimants to take up a job in Malaysia. He took with him what was described as “very substantial amounts of confidential and proprietary material” belonging to his employer. His bosses suspected what he was doing and contained an order (“the Order”) from Mr Jystice Norris “not to use, access or distribute Centek Material (paragraph 2 of the Order), abide by specific restrictive covenants (paragraph 3 of the Order), disclose and preserve Centek Material and the “Devices” and “Accounts” on which it was kept (paragraphs 4 and 5(a)-(b) of the Order), preserve disclosable documents (paragraph 5(f) of the Order) and facilitate the imaging of such Devices and Accounts by “Independent Experts” (paragraph 6 of the Order).”‘

NIPC Law, 7th July 2020

Source: nipclaw.blogspot.com

Quality of legal advice for suspects “faltering under lockdown” – Legal Futures

Posted June 30th, 2020 in confidentiality, coronavirus, criminal justice, legal representation, news by sally

‘The quality of legal help for suspects in police custody has “suffered significantly” due to Covid-19 amid concerns over confidentiality and restrictions on lawyers talking to clients, a new report has found.’

Legal Futures, 30th June 2020

Source: www.legalfutures.co.uk

Machine Learning in Healthcare: Regulating Transparency – UK Human Rights Blog

Posted June 19th, 2020 in artificial intelligence, confidentiality, data protection, human rights, medical treatment, news by sally

‘PHG, linked with Cambridge University, provides independent advice and evaluations of biomedical and digital innovations in healthcare. PHG has recently published a series of reports exploring the interpretability of machine learning in this context. The one I will focus on in this post is the report considering the requirements of the GDPR for machine learning in healthcare and medical research by way of transparency, interpretability, or explanation. Links to the other reports are given at the end of this post.’

UK Human Rights Blog, 18th June 2020

Source: ukhumanrightsblog.com

Knowledge test for duty of confidence – what is a sufficient state of mind to make an employer liable for breach of confidence when it receives a client list from a recruited employee? – Employment Blog

Posted June 11th, 2020 in confidentiality, contract of employment, EC law, employment, news by sally

‘In the recent case of Trailfinders v Travel Counsellors & Ors [2020] EWHC 591 (IPEC) the court reiterated that the test was not subjective: the recipient of the client list did not have to know the information was confidential. It was objective: in equity the recipient is under a duty of confidence whenever he ought to know that the information received is fairly and reasonably to be regarded as confidential, irrespective of his actual state of mind. Further, this was now also the statutory position because under Art. 4 (4) of Directive (EU) 2016/943 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition: “The acquisition, use or disclosure of a trade secret shall also be considered unlawful whenever a person, at the time of the acquisition, use or disclosure, knew or ought, under the circumstances, to have known that the trade secret had been obtained directly or indirectly from another person who was using or disclosing the trade secret unlawfully within the meaning of paragraph 3.”’

Employment Blog, 9th June 2020

Source: employment11kbw.com

High Court rules employer had to pay settlement even after ex-employee breached confidentiality clause – Duchy Farm Kennels Ltd v Steels [2020] EWHC 1208 (QB) – 3PB

Posted June 4th, 2020 in confidentiality, dispute resolution, employment tribunals, news by sally

‘In Duchy Farm Kennels Ltd v Steels [2020] EWHC 1208 (QB), the High Court addressed the consequences of a party breaching the confidentiality clause in a COT3 settlement, noting that the issue of law arising regarding the status of the clause had not been the subject of a previous appellate ruling.’

3PB, 2nd June 2020

Source: www.3pb.co.uk

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?’

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.’

St Ives Chambers, 14th May 2020

Source: www.stiveschambers.co.uk

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