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

‘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

‘I’m a Celebrity – Get Me a Confidentiality Clause!’ – No. 5 Chambers

Posted November 26th, 2019 in confidentiality, consent, divorce, media, news, non-disclosure agreements by sally

‘The national press has relished reporting the ongoing saga of Ant McPartlin’s divorce from his former wife, Lisa Armstrong. The public have been informed of the details regarding the extent of the couple’s wealth (reported to be around £62m), the amount the couple have spent on legal costs (reported to be £1.5m) and the latest offer made by Ant (reported to consist of a package which would leave Lisa with around £31m). Lisa denies that Ant has made such an offer but perhaps of most interest to divorce lawyers is the suggestion that whatever the true extent of Ant’s offer, Lisa is not prepared to sign a consent order due to Ant’s insistence that any such order should contain a non-disclosure agreement (N.D.A.)’

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No. 5 Chambers, 19th November 2019

Source: www.no5.com

Regulator warns barristers against heated Twitter debates – Law Society’s Gazette

‘Barristers have been warned they could face disciplinary action if they take part in ‘heated’ internet debates, post ‘distasteful’ comments online, or – even – reveal their whereabouts via social media.’

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Law Society's Gazette, 21st October 2019

Source: www.lawgazette.co.uk

BAILII and the re-use of judgments as public legal information – Transparency Project

Posted October 1st, 2019 in confidentiality, copyright, internet, judgments, news, privacy by sally

‘For all practical purposes, the free legal database run by the British and Irish Legal Information Institute (BAILII) is an official source of judgments from senior courts that any member of the public or any journalist can use. But while anyone can read individual judgments and quote bits of them elsewhere, what are the rules about downloading and re-using the content in bulk? Is it public open data or are there restrictions on its re-use? There seems to be some confusion about this, which this article aims to unpick.’

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Transparency Project, 1st October 2019

Source: www.transparencyproject.org.uk

High Court denies anonymity to ex-client suing firm – Litigation Futures

‘A former client suing Leeds law firm Shulmans for £4m has lost his bid to do so anonymously.’

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Litigation Futures, 30th September 2019

Source: www.litigationfutures.com

Shamima Begum: journalists will not have to hand over notes – The Guardian

Posted September 5th, 2019 in citizenship, confidentiality, disclosure, media, news, police, terrorism by tracey

‘Journalists who interviewed Shamima Begum will not be forced to hand over their notes to counter-terrorism investigators, as police look to build a potential prosecution of the young “Isis bride”.’

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The Guardian, 4th September 2019

Source: www.theguardian.com

Solicitor sanctioned for “puerile” social media posts on clients – Legal Futures

‘A solicitor who repeatedly made “inappropriate and puerile comments” on social media about his clients’ matters, and revealed confidential information, has been rebuked for his conduct.’

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Legal Futures, 30th August 2019

Source: www.legalfutures.co.uk

The “long arm” of the police – how “confidential” are family proceedings? – UK Human Rights Blog

‘“Not very” seems to be the answer in the Court of Appeal decision in M (Children) [ 2019] EWCA Civ 1364 . Sir Andrew McFarlane upheld Keehan J’s decision to disclose the parents’ initial statement and position statement to the police following the initial interim care hearing. In family proceedings parents are advised that their evidence is confidential to those proceedings. They are encouraged to be open and frank and to understand that their children’s interests are the Court’s main concern. But something seems to be eroding these principles, a trend set since the case of Re H (Children) [2009] EWCA. The Court of appeal approved the test from Re C ( see below) and gave it the “fit for purpose” badge. The decision should be seen in the context of this being a police terrorism enquiry.’

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UK Human Rights Blog, 7th August 2019

Source: ukhumanrightsblog.com

Government to legislate for legal advice on NDAs – Legal Futures

‘The government has pledged to change the law to ensure that employees signing non-disclosure agreements (NDAs) receive independent legal advice.’

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Legal Futures, 22nd July 2019

Source: www.legalfutures.co.uk

Small law firms can set up effective ‘Chinese walls’, says judge – Legal Futures

Posted July 9th, 2019 in confidentiality, intellectual property, law firms, news by sally

‘It is wrong to suggest that ‘Chinese walls’ set up by small law firms to prevent confidentiality breaches will “never be effective”, a judge has ruled.’

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Legal Futures, 9th July 2019

Source: www.legalfutures.co.uk