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.’
OUT-LAW.com, 13th May 2022
Source: www.pinsentmasons.com
Category: confidentiality
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.’
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.’
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.’
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.’
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.’
Littleton Chambers, 22nd July 2021
Source: littletonchambers.com
Cyber-attacks, Theft of Confidential Information and Norwich Pharmacal Orders – The 36 Group
‘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
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. 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
‘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
N.A. Moreham: Police investigations: privacy, confidence and public duties – UK Constitutional Law Association
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
