The Court of Protection is subject to unprecedented scrutiny. But there’s still a long way to go – The Independent

“The Independent’s campaign to gain access to the court that deals with Britain’s most vulnerable has made great strides for open justice. Our reporter explains how.”

Full story

The Independent, 12th December 2012

Source: www.independent.co.uk

Confidential bid information could be disclosed under FOI laws, rules Tribunal – OUT-LAW.com

“Public sector bodies cannot guarantee the confidentiality of bid information in the aftermath of an Information Rights Tribunal ruling, an expert has said.”

Full story

OUT-LAW.com, 27th November 2012

Source: www.out-law.com

Norwich Pharmacal Relief – Panopticon

Posted November 28th, 2012 in confidentiality, disclosure, internet, news, proportionality, sport, third parties by sally

“If through no fault of his own a person gets mixed up in the tortious acts of others so as to facilitate their wrong-doing he may incur no personal liability but he comes under a duty to assist the person who has been wronged by giving him full information and disclosing the identity of the wrongdoers. Justice requires that he should co-operate in righting the wrong if he unwittingly facilitated its perpetration. This is the principle recognized by the House of Lords in Norwich Pharmacal Co v Customs and Excise Commissioners [1974] AC 133.”

Full story

Panopticon, 28th November 2012

Source: www.panopticonblog.com

High Court dismisses claim against Evening Standard as “attempt at extortion” – The Lawyer

“Mr Justice Tugendhat has slammed a claimant who attempted to sue London Evening Standard journalist Andrew Gilligan calling the case an ‘attempt at extortion’.”

Full story

The Lawyer, 20th November 2012

Source: www.thelawyer.com

Content of emails should generally not be considered as property, rules High Court – OUT-LAW.com

Posted November 9th, 2012 in confidentiality, disclosure, electronic mail, intellectual property, news by tracey

“Businesses do not have a general claim of ownership over the content in staff emails, a High Court judge has said.”

Full story

OUT-LAW.com, 8th November 2012

Source: www.out-law.com

Shannon Matthews’ father bids to block case report – BBC News

Posted October 18th, 2012 in confidentiality, news, reports by sally

“The father of Shannon Matthews has asked the High Court to block the release of a report he believes will ‘seriously compromise’ her.”

Full story

BBC News, 17th October 2012

Source: www.bbc.co.uk

Board minutes of a public/private joint venture confidential and commercially sensitive – Panopticon

“Joint ventures between the public and private sectors are increasingly common. They are often a focus for vigorous political debate over issues such as the costs involved, the savings to the public purse, the profit to the private sector partner, and allegations of conflicts of interest. While those are political arguments on which Tribunals take no view, they do point to the significant public interests that are engaged when considering access to information. So said the Tribunal in David Orr v IC and Avon and Somerset Police Authority (EA/2012/0077), a recent decision notable for grappling with access to information about such a public/private joint venture.”

Full story

Panopticon, 11th October 2012

Source: www.panopticonblog.com

NightJack blogger receives £42,500 payout from Times publisher – The Guardian

“The Lancashire detective exposed by the Times as the author of the NightJack police blog has received a £42,500 damages payout from the publisher of the newspaper.”

Full story

The Guardian, 8th October 2012

Source: www.guardian.co.uk

Royal Mail staff given access to confidential medical details – The Independent

Posted September 10th, 2012 in benefits, confidentiality, documents, news, postal service by tracey

“Confidential medical information from sick and disabled people applying for welfare benefits is opened and sorted by Royal Mail staff on behalf of the Government without the claimant’s knowledge or consent, The Independent can reveal.”

Full story

The Independent, 8th September 2012

Source: www.independent.co.uk

No backtrack on Freedom of Information Act – The Guardian

“Pressure from former senior Labour figures, including Tony Blair and Jack Straw, as well as Whitehall mandarins, to ‘turn back the clock’ on freedom of information legislation has been decisively rejected by an all-party group of MPs.”

Full story

The Guardian, 8th July 2012

Source: www.guardian.co.uk

Judge bans reporting of divorce finances to save ’embarrassment’ – Daily Telegraph

“A judge has banned publication of details of a divorce case on human rights grounds after the father of the husband claimed it risked causing him embarrassment and ruining his career.”

Full story

Daily Telegraph, 5th July 2012

Source: www.telegraph.co.uk

No ‘real risk’ in patent expert sharing confidential information about former employer’s drug product, Court of Appeal rules – OUT-LAW.com

Posted June 7th, 2012 in appeals, confidentiality, injunctions, news, patent attorneys by sally

“A company cannot obtain an injunction banning a patent expert it used to employ from offering advice to her current employer on a legal dispute involving both firms, the Court of Appeal has ruled.”

Full story

OUT-LAW.com, 7th June 2012

Source: www.out-law.com

Confidential Information – What’s the Latest? – 11 KBW

Posted June 7th, 2012 in confidentiality, employment, news by sally

“Issues of confidence and confidential information are rarely out of the news. Whether the context is the privacy of celebrities, the disclosure of commercial confidences (in exciting arenas such as formula one racing) or attempts by employees to make use of their former employer’s trade secrets, issues of confidence interest the general public. Similarly, issues of confidence are rarely out of the courts. In the past year, there have been a large number of cases which have considered alleged breaches of duties of confidence. This talk is intended to discuss how some of these cases have developed or explained the law in relation to confidential information focussing on:
(a) the scope of duties of confidence;
(b) procedural issues in claims for breach of confidence;
(c) the application of the principles in confidence claims, to the inadvertent disclosure of
privileged material.”

Full story (PDF)

11 KBW, 1st June 2012

Source: www.11kbw.com

Generics (UK) Ltd v Yeda Research & Development Co Ltd and another – WLR Daily

Generics (UK) Ltd v Yeda Research & Development Co Ltd and another [2012] EWCA Civ 726; [2012] WLR (D) 169

“The principles established in Prince Jefri Bolkiah v KPMG (A firm) [1999] 2 AC 222 were not applicable to a case in which the former employer of a patent attorney now employed within a competitor organisation sought injunctive relief to restrain the current employer from acting by, or otherwise seeking assistance or advice from, the patent attorney in relation to current litigation.”

WLR Daily, 31st May 2012

Source: www.iclr.co.uk

Generics (UK) Ltd v Yeda Research & Development Co Ltd and another – WLR Daily

Generics (UK) Ltd v Yeda Research & Development Co Ltd and another [2012] EWCA Civ 726; [2012] WLR (D) 169

“The principles established in Prince Jefri Bolkiah v KPMG (A firm) [1999] 2 AC 222 were not applicable to a case in which the former employer of a patent attorney now employed within a competitor organisation sought injunctive relief to restrain the current employer from acting by, or otherwise seeking assistance or advice from, the patent attorney in relation to current litigation.”

WLR Daily, 31st May 2012

Source: www.iclr.co.uk

Emails detailing phone call conversations can hold confidential information that public bodies should not disclose – OUT-LAW.com

“A local authority in London was ‘justified’ in not disclosing an email that recorded the ‘substance’ of a telephone conversation between a staff member and a third party because it would have been a breach of confidence to do so, an Information Rights Tribunal has ruled.”

Full story

OUT-LAW.com, 22nd May 2012

Source: www.out-law.com

Supreme Court judge on war, intelligence and the retreat of judicial deference – UK Human Rights Blog

“The recent standoff between two leading judicial lights, Jonathan Sumption and Stephen Sedley, may make for entertaining reading, but don’t be fooled.”

Full story

UK Human Rights Blog, 20th May 2012

Source: www.ukhumanrightsblog.com

NightJack blogger files claim against the Times over email hacking – The Guardian

“Detective seeks aggravated damages from paper for breach of confidence, misuse of private information and deceit.”

Full story

The Guardian, 13th April 2012

Source: www.guardian.co.uk

Credit Suisse salesman fined £210,000 by FSA – The Guardian

Posted March 14th, 2012 in banking, confidentiality, financial regulation, fines, news by sally

“A senior salesman at Credit Suisse has been fined £210,000 by the Financial Services Authority for playing a guessing game with clients to enable them to identify private information about a forthcoming bond issue.”

Full story

The Guardian, 13th March 2012

Source: www.guardian.co.uk

W (Algeria) and others v Secretary of State for the Home Department – WLR Daily

Posted March 12th, 2012 in appeals, confidentiality, disclosure, immigration, law reports, news, witnesses by sally

W (Algeria) and others v Secretary of State for the Home Department [2012] UKSC 8; [2012] WLR (D) 69

“The Special Immigration Appeals Commission (‘SIAC’) could make an irrevocable non-disclosure order, without notice to the Secretary of State, where a witness, fearing reprisals, required an absolute and irreversible guarantee of confidentiality as a precondition to giving evidence relating to an appellant’s safety on return.”

WLR Daily, 7th March 2012

Source: www.iclr.co.uk