The celebrity threesome case risks undermining the law – The Guardian

Perhaps for the first time – and almost certainly for the last, since he is about to retire – Lord Toulson is the hero of the press. As the sole dissenting judge in the Supreme Court ruling on the current celebrity injunction of speculation, he would have allowed the claimant’s name to be published – at least by news organisations that were prepared to run the risk of paying damages for breaching the claimant’s privacy.’

Full story

The Guardian, 19th May 2016

Source: www.guardian.co.uk

Supreme court upholds ‘celebrity threesome’ injunction – The Guardian

Posted May 20th, 2016 in confidentiality, injunctions, media, news, privacy, public interest, Supreme Court by tracey

‘The supreme court has extended the interim privacy injunction preventing identification of a celebrity who has been involved in a three-way sexual encounter.’

Full story

The Guardian, 19th May 2016

Source: www.guardian.co.uk

Parents of Matthew Green found in Spain after six years fight to see him – BBC News

Posted May 18th, 2016 in confidentiality, data protection, families, missing persons, news by tracey

‘The parents of a man found alive six years after he disappeared have said their joy turned to frustration after they were told they could not see him.’

Full story

BBC News, 17th May 2016

Source: www.bbc.co.uk

Bring your own device: managing the risks – Future of Law

Posted May 11th, 2016 in confidentiality, data protection, employment, human rights, news, privacy by sally

‘Bring Your Own Device (BYOD) – the practice of employees routinely using their personal laptops, mobiles and other internet connected devices for work – has become increasingly common over recent years, with one survey suggesting that BYOD has already been taken up by over half of UK workers. Using a single device at home and at work can pay dividends for both employees and employers in terms of convenience, increased efficiency and reduced cost. But there are also various risks that need to be managed, especially in the case of law firms which handle sensitive client data.’

Full story

Future of Law, 9th May 2016

Source: www.blog.lexisnexis.co.uk

Vicarious liability for rogue employee’s data leak – Panopticon

‘Suppose confidential, private and sensitive information is sold, leaked or otherwise wrongly disclosed by a rogue employee: is the employer vicariously liable? This question is a troubling one for many an employer and data controller. A new judgment on a claim for misuse of private information sheds some light on this question – and will not be comforting for employers and data controllers. The case is Axon v Ministry of Defence [2016] EWHC 787 (QB).’

Full story

Panopticon, 12th April 2016

Source: www.panopticonblog.com

Covert Recording by Parents – Nothing to Fear but the Truth? – Family Law Week

‘Farooq Ahmed, barrister of Westgate Chambers and recorder, addresses the legal issues arising when parents embroiled in children proceedings record conversations or events.’

Full story

Family Law Week, 8th April 2016

Source: www.familylawweek.co.uk

English law will remain ‘gold standard’ despite impact on case law caused by confidential arbitrations, says expert – OUT-LAW.com

‘The law in England and Wales will continue to be regarded as “gold standard” internationally despite the fact that the development of case law risks being stifled by the number of confidential arbitrations taking place in London, an expert has said.’

Full story

OUT-LAW.com, 4th April 2016

Source: www.out-law.com

Refusing to prove ability to pay costs is not a justified litigation tactic, says CA – Litigation Futures

Posted March 4th, 2016 in appeals, budgets, confidentiality, costs, news by tracey

‘A High Court ruling denying an order for security for costs even though the party involved refused to show that it could pay costs was “illogical and unacceptable”, the Court of Appeal has decided.’

Full story

Litigation Futures, 4rh March 2016

Source: www.litigationfutures.com

Another rush job on surveillance that will weaken legal privilege – The Bar Council

‘Despite claims that new surveillance laws will contain “protections for lawyers”, today’s Investigatory Powers Bill will allow authorities total access to confidential, legally privileged communications between individuals and their lawyers, even when someone is in a legal dispute with the Government or defending themselves against prosecution.’

Full press release

The Bar Council, 2nd March 2016

Source: www.barcouncil.org.uk

Court of Appeal Guidance on Injunctions – Littleton Chambers

Posted February 24th, 2016 in confidentiality, fees, injunctions, news, private hearings by sally

‘First, the Court of Appeal affirmed that it can be (and on the facts was) appropriate to hold hearings in private where a party asserts confidentiality both in the information itself, and also in the “very existence of [the] information”. The Court approved the principle that, where the effect of publicity would be to destroy the subject matter of litigation as to a secret process, it may well be that justice could not be done at all if it had to be done in public. In those circumstances, the general rule as to publicity of Court proceedings must yield to the interests of justice. It is well worth advisors bearing this in mind when dealing with confidential information cases, and making the appropriate applications at the earliest opportunity.’

Full story

Littleton Chambers, 23rd February 2016

Source: www.littletonchambers.com

Paul Burrell wins £5k damages from Max Clifford – The Guardian

Posted February 22nd, 2016 in confidentiality, damages, media, news, privacy by sally

‘Former royal butler Paul Burrell has won a high court privacy action against PR agent Max Clifford.’

Full story

The Guardian, 19th February 2016

Source: www.guardian.co.uk

Judge criticises Sports Direct in Rangers legal case – The Guardian

Posted January 20th, 2016 in confidentiality, damages, news, remuneration, sport by sally

‘Sports Direct has “abused” the legal system, according to a high court judge presiding over the embattled retailer’s bitter legal battle with Rangers football club.’

Full story

The Guardian, 19th January 2016

Source: www.guardian.co.uk

Senior British judges decide if DNA evidence can ‘uncover affair’ and settle Scottish hereditary title dispute – Daily Telegraph

‘Norman Murray Pringle, an accountant living in High Wycombe, is attempting to prove his aristocratic entitlement as the next baronet of Stichill.’

Full story

Daily Telegraph, 25th November 2015

Source: www.telegraph.co.uk

Ex-prison officer jailed for selling George Michael stories to the Sun – The Guardian

‘A former prison officer has been jailed for 12 months for selling stories about George Michael’s time behind bars to the Sun.’

Full story

The Guardian, 3rd November 2015

Source: www.guardian.co.uk

FGM: reporting of cases among children becomes mandatory – The Guardian

‘A duty on all teachers, doctors, nurses and social workers to report child cases of female genital mutilation (FGM) to the police will come into force next week.’

Full story

The Guardian, 20th October 2015

Source: www.guardian.co.uk

Privacy, Patients and Payments – information sharing in the Court of Appeal – Panopticon

‘The recent decision of the Court of Appeal in W, X, Y and Z v Secretary of State for Health, Secretary of State for the Home Department and British Medical Association [2015] EWCA Civ 1034 offers rich pickings for information lawyers. It deals with the status of information about medical treatment; it looks at the scope of common law protection for private and confidential information generally; and it illustrates how wider public law concepts can apply in the field of information sharing.’

Full story

Panopticon, 16th October 2015

Source: www.panopticonblog.com

Finance & Divorce Update October 2015 – Family Law Week

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during September 2015.’

Full story

Family Law Week, 11th October 2015

Source: www.familylawweek.co.uk

Government refuses to publish legal basis for air strikes on Syria – The Independent

‘Two Government departments have refused to publish the legal advice that paved the way for Britain to launch a drone strike on Isis targets in Syria.’

Full story

The Independent, 9th October 2015

Source: www.independent.co.uk

Knowledge of breach of confidence – New Square Chambers

Posted October 7th, 2015 in confidentiality, contract of employment, damages, news by sally

‘Such issues were central in Vestergaard A/S v Bestnet Europe Limited [2013] UKSC 31 (V v B). Shortly afterwards the Patents County Court (two months before it became the Intellectual Property Enterprise Court) had to decide in Pintorex Limited v Parax Limited [2013] EWPCC 36 (P v P), theliability of a sole director and sole shareholder of a company, by the application of the guidelines in Vestergaard. The Judge in P v P was Mr Recorder Alastair Wilson QC, who represented the successful respondents in V v B.’

Full story

New Square Chambers, 30th September 2015

Source: www.newsquarechambers.co.uk

‘Vilified’ doctor cannot publish patient’s private information – Panopticon

‘In the Matter of C (A Child) (Application by Dr X and Y) [2015] EWFC 79 involved, in the words of Munby J, an unusual and indeed unprecedented application. It pitted the right to defend one’s reputation against the privacy and confidentiality rights of others. In this case, the latter won.
Dr X had treated C and C’s mother; he had also been an expert witness in the family court care proceedings concerning C. C’s mother was unhappy about the treatment given by Dr X. She complained about him to the GMC, whose Fitness to Practise panel in due course found the allegations against Dr X to be unproven. C’s mother also criticised Dr X publicly in the media.’

Full story

Panopticon, 1st October 2015

Source: www.panopticonblog.com