Archive for the 'confidentiality' Category

Ex-director given permanent ban on revealing confidential information – OUT-LAW.com

“A businessman has been ordered never to improperly reveal confidential information belonging to a company where he used to be a director.”

Full story

OUT-LAW.com, 5th April 2011

Source: www.out-law.com

Standard Life Assurance Ltd and another v Topland Col Ltd and others – WLR Daily

Standard Life Assurance Ltd and another v Topland Col Ltd and others [2010] EWHC 1781 (Ch); [2011] WLR (D) 92

“The disclosure of information by a person to the Serious Fraud Office (‘SFO’) pursuant to the latter’s statutory powers under the Criminal Justice Act 1987 did not give rise to any implied undertaking to any court not to use the documents other than for the purposes of a prosecution, actual or potential, or any undertaking to the court not to provide them to any person other than through one of the gateways under section 3 of the Act.”

WLR Daily, judgment reissued 14th March 2011

Source: www.iclr.co.uk

Please note that once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Mother who hid baby from husband loses fight to keep her secret – Daily Telegraph

“A mother who kept her baby a secret from her husband has been told she can not have the boy adopted after judges refused to back ‘a great lie’.”

Full story

Daily Telegraph, 18th March 2011

Source: www.telegraph.co.uk

Courts ‘will reject test secrecy’ – BBC News

“There is a serious mismatch between the government’s aim to commercialise forensic science and the requirement of courts for openness, according to a top forensic expert.”

Full story

BBC News, 25th February 2011

Source: www.bbc.co.uk

Crisis of identity: why English law needs to protect our personalities – The Guardian

“Portrayals of real people in docudramas and novels have made millions for authors and film-makers. But what of their subjects?”

Full story

The Guardian, 23rd February 2011

Source: www.guardian.co.uk

Desmond v Chief Constable of Nottinghamshire Police – WLR Daily

Desmond v Chief Constable of Nottinghamshire Police [2011] EWCA Civ 3; [2011] WLR (D) 1

“In considering whether the chief officer’s statutory obligation under s 115(7) of the Police Act 1997 to provide information to the Criminal Records Bureau on a request for an Enhanced Criminal Record Certificate (ECRC) had been carried out in a manner which, exceptionally where the relationship between claimant and defendant arose in a statutory context, gave rise to a breach of the common law duty of care towards the claimant, an important factor was the existence of other remedies such as a claim under art 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 13th January 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R (Veolia ES Nottinghamshire Ltd) v Nottinghamshire County Council (Shlomo Dowen and The Audit Commission for Local Authorities and the National Health Service for England, interested parties) – WLR Daily

R (Veolia ES Nottinghamshire Ltd) v Nottinghamshire County Council (Shlomo Dowen and The Audit Commission for Local Authorities and the National Health Service for England, interested parties) [2010] WLR (D) 273

“The right of ‘persons interested’ under section 15(1) of the Audit Commission Act 1998 to inspect the accounts to be audited and all books, deeds, contracts, bills, vouchers and receipts relating to them did not stretch, on the facts, to examination of commercially sensitive material which was protected by art 1 of the First Protocol of the European Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 2nd November 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Improperly obtained documents in divorce proceedings – Law Society’s Gazette

“In light of the Court of Appeal’s ­decision in Tchenguiz v Imerman; Imerman v Imerman [2010] EWCA Civ 908, all family lawyers are obliged to reconsider the advice given to clients in respect of ­improperly obtained documents.”

Full story

Law Society’s Gazette, 21st October 2010

Source: www.lawgazette.co.uk

Rape victim not allowed to know truth about adopted child – Daily Telegraph

“A rape victim who gave her baby away 20 years ago because she could not be sure if the child was her husband’s cannot now find out the truth because of adoption rules, a court has heard.”

Full story

Daily Telegraph, 20th October 2010

Source: www.telegraph.co.uk

Judge reveals reason for Top Gear’s Stig ruling – BBC News

“A judge has explained his decision for refusing to ban a book revealing the identity of Top Gear’s The Stig.”

Full story

BBC News, 4th October 2010

Source: www.bbc.co.uk

Ian Tomlinson post-mortem examination report withheld – BBC News

“A post-mortem examination report into the death of a man at the G20 protests last year has been withheld from authorities, it has emerged.”

Full story

BBC News, 8th September 2010

Source: www.bbc.co.uk

BBC facing human rights battle with Top Gear’s The Stig – Daily Telegraph

“The BBC is facing a human rights battle with ‘The Stig’, the mystery stunt driver on Top Gear, in an effort to stop him disclosing his identity.”

Full story

Daily Telegraph, 19th August 2010

Soruce: www.telegraph.co.uk

Imerman v Tchenguiz and others; Same v Imerman – WLR Daily

“There was no legal justification for permitting a spouse to retain copies of documents unlawfully obtained in breach of confidence in order to prevent the other spouse from concealing assets in ancillary relief proceedings. A spouse could apply for search and seizure, freezing, preservation and similar orders to ensure that assets were not wrongly concealed or dissipated.”
WLR Daily, 30th July 2010

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Handing foreign intelligence to British courts to be made illegal – Daily Telegraph

“Handing foreign intelligence to British courts is to be made illegal, the Prime Minister has announced, as he said the government would pay compensation to end a series of embarrassing legal cases.”

Full story

Daily Telegraph, 7th July 2010

Source: www.telegraph.co.uk

GPs agree to waive privacy of mentally ill gun owners – The Guardian

“Doctors have agreed to breach their duty of medical confidentiality to patients who own guns if they fear they have become so seriously mentally ill they may use their weapons on themselves or the public, the Guardian has learned.”

Full story

The Guardian, 14th June 2010

Source: www.guardian.co.uk

Goldsmith’s advice on treatment of Iraqi prisoners is censored – The Independent

“The Government has blocked the release of the former attorney general Lord Goldsmith’s advice about whether human rights law applied to British troops in Iraq when handling prisoners.”

Full story

The Independent, 2nd April 2010

Source: www.independent.co.uk

VC firm accused of stealing business plan must pay damages, not profits – OUT-LAW.com

“A venture capital company that breached the confidentiality of businessmen who came to it with a proposition should only have to pay damages as compensation and not a share of their profits from the deal, the High Court has ruled.”

Full story

OUT-LAW.com, 29th March 2010

Source: www.out-law.com

Vercoe and others v Rutland Fund Management Ltd and others – WLR Daily

Vercoe and others v Rutland Fund Management Ltd and others [2010] EWHC 424 (Ch); [2010] WLR (D) 68

“Where a claim was based on breach of obligations of confidentiality, the claimant did not have a complete discretion to choose between claiming an award of damages assessed by reference to the notional reasonable price which the defendant should have paid to buy release from the rights in respect of the relevant confidential information and claiming an account of profits.”

WLR Daily, 9th March 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Jon Venables: the right to know – The Guardian

“Justice cannot be served at trial unless Jack Straw holds his nerve on unmasking Jon Venables.”

Full story

The Guardian, 8th March 2010

Source: www.guardian.co.uk

Brown defends silence over jailing of Venables – The Independent

“The Prime Minister has defended the Government’s refusal to explain why one of the murderers of James Bulger has been returned to prison, as new claims emerged that the killer had a recent history of violence and drug abuse.”

Full story

 The Independent, 5th March 2010

Source: www.independent.co.uk

R (Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (Guardian News and Media Ltd and others intervening) – WLR Daily

R (Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (Guardian News and Media Ltd and others intervening) [2010] EWCA Civ 65; [2010] WLR (D) 31

“As a general principle, the principles of freedom of expression, democratic accountability and the rule of law were integral to the principle of open justice, so that, where litigation had occurred and judgment given, any disapplication of the open justice principle (which included the ordinary right of all the parties to the litigation to know the reasons for the court’s decision) had to be rigidly contained. It should be rare for the court to order that any part of the reasoning in its judgment which had lead it to its conclusion should be redacted, and any such order should be made only in extreme cases.”

WLR Daily, 11th February 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Trafigura returns to court in attempt to suppress lawsuit documents – The Guardian

“Trafigura, the offshore oil trader that became notorious for legal attempts to suppress reporting of parliament, is going back to Britain’s judges tomorrow.”

Full story

The Guardian, 7th January 2010

Source: www.guardian.co.uk

Newspapers victorious in battle to protect source – The Independent

“The Independent has helped win an important court ruling protecting members of the public who supply confidential information to the media.”

Full story

The Independent, 16th December 2009

Source: www.independent.co.uk

Former MI5 man loses supreme court case in memoirs fight – The Guardian

“Judges rule battle to publish book must be pursued in secretive investigatory powers tribunal.”

Full story

The Guardian, 9th December 2009

Source: www.guardian.co.uk

Regina (L) v Commissioner of Police of the Metropolis (Secretary of State for the Home Department and another intervening) – WLR Daily

“Information about a person’s convictions which was systematically collected and stored in central records and was available for many years after the convictions had receded into the past could fall within the scope of private life for the purposes of art 8(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms so that disclosure of the information could amount to an interference with the art 8 right to respect for private life. When the chief officer of police was considering for the purposes of an enhanced criminal record certificate whether to disclose information held on police records about a person who had applied for a job which involved working with children or vulnerable adults, he was required to decide whether the job applicant’s right to respect for her private life outweighed the social need for protecting children and vulnerable adults. There was no presumption that disclosure should be made unless there was good reason for not doing so.”
WLR Daily, 30th October 2009
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Law of confidence can trump libel law, rules High Court – OUT-LAW.com

“The High Court has upheld a famous person’s rights under the law of confidence over someone else’s right to reveal his activity with a prostitute under defamation law. The Court has granted an interim injunction which will keep the man’s identity a secret.”

Full story

OUT-LAW.com, 22nd October 2009

Source: www.out-law.com

Solicitor abused position to campaign against cutbacks – Daily Telegraph

“A solicitor who made her name helping people fight against closures of care homes abused her position by encouraging clients to protest against cut services, a tribunal has heard.”

Full story

Daily Telegraph, 14th September 2009

Source: www.telegraph.co.uk

Former employee who emailed company info to himself breached database rights, High Court rules – OUT-LAW.com

“The founder of a conferencing business breached his former employer’s database rights and misappropriated its confidential information, the High Court has said.”

Full story

OUT-LAW.com, 8th September 2009

Source: www.out-law.com

Court orders Tchenguiz to return computer data – The Independent

“The multimillionaire businessman Vivian Imerman won a court order yesterday preventing his estranged wife’s brothers – property tycoons Robert and Vincent Tchenguiz – from using confidential information about his financial assets.”

Full story

The Independent, 1st August 2009

Source: www.independent.co.uk

Invoice theft breached confidence, rules High Court – OUT-LAW.com

“The handing over of a set of stolen invoices from one dairy wholesaler to its most bitter rival was a breach of confidence, the High Court has ruled. The taking of the invoices by an ex-employee and their user by the rival broke the law, it said.”

Full story

OUT-LAW.com, 17th June 2009

Source: www.out-law.com

Szuluk v United Kingdom (Application No 36936/05) – Times Law Reports

Szuluk v United Kingdom (Application No 36936/05)

European Court of Human Rights

“In a unanimous judgment, the European Court of Human Rights held that monitoring, by the prison authorities of medical correspondence between a convicted prisoner and his external specialist doctor, violated the prisoner’s right for respect for his correspondence, as guaranteed by article 8 of the European Convention on Human Rights.”

The Times, 17th June 2009

Source: www.timesonline.co.uk

Napier and Another v Pressdram Ltd – Times Law Report

Napier and Another v Pressdram Ltd

Court of Appeal

“A barrister who made a complaint against his solicitor to his professional body owed no duty of confidentiality to the solicitor or his firm not to reveal to others the result of the adjudication against the solicitor where the subject matter underlying the adjudication was nothing private to the solicitor.”

The Times, 2nd June 2009

Source: www.timesonline.co.uk

Napier and another v Pressdram Ltd – WLR Daily

Napier and another v Pressdram Ltd [2008] EWCA Civ 443; [2009] WLR (D) 172

“Where a complainant made a complaint against his solicitor to the Law Society the complainant owed no duty of confidentiality to the solicitor or his firm not to reveal to others the result of the adjudication where the subject matter underlying the adjudication contained no private information concerning the solicitor. The procedural nature of the investigation itself did not give rise to a duty of confidentiality.”

WLR Daily, 27th May 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Guardian loses legal challenge over Barclays documents gagging order – The Guardian

“The Guardian today lost a high court challenge to lift an emergency gagging order imposed on the publication of Barclays bank documents alleged to detail huge tax avoidance schemes.”

Full story

The Guardian, 19th March 2009

Source: www.guardian.co.uk

High court to deliver ruling on bank’s gag on tax documents – The Guardian

“A high court judge is due to rule today on Barclays’ attempt to ban the Guardian from publishing whistleblower documents about the bank’s tax avoidance schemes.”

Full story

The Guardian, 19th March 2009

Source: www.guardian.co.uk

Barclays in court again to halt publication

“Barclays Capital will return to court tomorrow in a bid to prevent the publication of leaked documents that allegedly detail how the bank avoided paying hundreds of millions of pounds in tax.”

Full story

The Times, 17th March 2009

Source: www.timesonline.co.uk

Radiographer smuggled medical records of lover’s ex-wife from hospital – Daily Telegraph

“Barbara Ferraro took the family health records of her partner’s ex-wife and teenage daughter for him to see, which revealed both had undergone abdominal scans. The Health Professions Council hearing was told that the 44-year-old’s actions were a breach of patient confidentiality.”

Full  story

Daily Telegraph, 12th February 2009

Source: www.telegraph.co.uk

Source

Secretary of State for the Home Department v British Union for the Abolition of Vivisection and another – WLR Daily

Secretary of State for the Home Department v British Union for the Abolition of Vivisection and another [2008] EWCA Civ 870; [2008] WLR (D) 273

Information supplied by applicants for animal experimentation licences was exempt from disclosure under the Freedom of Information Act 2000 if the official in possession of the information knew or had reasonable grounds for believing that it was given in confidence, which was a subjective test requiring consideration of the position when the information was given and the intentions of the giver at that time, rather than an objective test derived from the law of confidentiality.”

WLR Daily, 31st July 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Shiv Malik ordered to hand police source material for terrorism book – The Guardian

“Freelance journalist Shiv Malik must hand over his source material for a book on terrorism to Greater Manchester Police within seven days and pay legal costs, a judicial review of the case ruled yesterday.”

Full story

The Guardian, 27th June 2008

Source: www.guardian.co.uk

Journalist claims victory in protection of sources ruling – OUT-LAW.com

“Police were right to ask a journalist to reveal source material for a book about terrorism but the terms of the order obtained were too wide, the High Court has ruled. Arguments on what the terms of the ‘production order’ should be will be heard this week.”

Full story

OUT-LAW.com, 23rd June 2008

Source: www.out-law.com

Shiv Malik case: Police order against journalist ruled ‘too wide’ – The Guardian

“Greater Manchester police were justified in demanding that freelance journalist Shiv Malik hand over source material for a book on terrorism, but the terms of the production order were too wide, a judicial review of the case ruled today.”

Full story

The Guardian, 19th June 2008

Source: www.guardian.co.uk

This is the 6000th item posted on the Current Awareness blog.

Virgin Media Communications Ltd and others v British Sky Broadcasting Group plc and another – WLR Daily

Virgin Media Communications Ltd and others v British Sky Broadcasting Group plc and another [2008] EWCA Civ 612; [2008] WLR (D) 183

“It was desirable that a litigant should be free to instruct the lawyer of his choice, particularly if that lawyer were already acting for him and he wished the lawyer to continue to act in a related matter. It was hard to conceive of circumstances where the fact that documents had been disclosed to lawyers acting for a party in one set of proceedings would preclude those lawyers from acting in other proceedings between the same parties.”

WLR Daily, 9th June 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Virgin Media Communications Ltd and Others v British Sky Broadcasting Group plc and Another – Times Law Reports

Virgin Media Communications Ltd and Others v British Sky Broadcasting Group plc and Another

Court of Appeal

“It was desirable that a litigant should be free to instruct the lawyer of his choice, particularly if that lawyer was already acting for the litigant who wished him to act in a related manner. It was hard to conceive of circumstances where the fact that documents had been disclosed to lawyers acting for a party in one set of proceedings would preclude those lawyers from acting in other proceedings between the same parties.”

The Times, 11th June 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Ex-employee must disclose online contacts, rules UK court – OUT-LAW.com

“An ex-employee of recruitment firm Hays has been ordered to disclose details of his profile at social networking site LinkedIn. Mark Ions set up a rival agency and is accused of using LinkedIn to steal clients. He says Hays encouraged his use of the site.”

Full story

OUT-LAW.com, 9th June 2008

Source: www.out-law.com

Taping killer’s calls broke the rules, Jack Straw admits – The Times

“Prison staff bugged conversations between a convicted killer and his solicitor without authorisation, Jack Straw admitted yesterday.”

Full story

The Times, 16th May 2008

Source: www.timesonline.co.uk

When can papers you’re carrying be photoed? – BBC News Magazine

“Two ministers have been left red-faced after documents taken to a Downing Street briefing were photographed and enlarged.”

Full story

BBC News Magazine, 14th May 2008

Source: www.bbc.co.uk

Regina (Edwards and Another) v Environment Agency and Others – Times Law Reports

Regina (Edwards and Another) v Environment Agency and Others

House of Lords

“It was an abuse of the procedure of the House of Lords for legal representatives to seek to reargue the case having been sent in confidence advance copies of draft speeches which the Law Lords proposed to deliver, for the sole purpose of correcting misprints, inadvertent errors of fact or ambiguities of expression.”

The Times, 6th May 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Secretary of State for the Home Department v British Union for the Abolition of Vivisection and another – WLR Daily

Secretary of State for the Home Department v British Union for the Abolition of Vivisection and another; [2008] WLR (D) 129

“Where a public official reasonably believed that information had been given under a statutory procedure in circumstances which gave rise at that time to a reasonable expectation of privacy, and the statute prohibited disclosure for purposes other than those to which the Act related, that information was exempt from disclosure under the Freedom of Information Act 2000.”

WLR Daily, 28th April 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R (Edwards) v Environment Agency – WLR Daily

R (Edwards) v Environment Agency; [2008] WLR (D) 119

“When copies of draft speeches which the Law Lords proposed to deliver were provided in confidence, prior to the delivery of judgment, to the legal representatives of the parties to an appeal which had been heard, the purpose was to obtain help in correcting misprints, inadvertent errors of fact or ambiguities of expression. It was not intended to enable the case to be reargued, and any attempt to do so amounted to an abuse of the procedure of the House of Lords.”

WLR Daily, 21st April 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Security fears over fraud report – BBC News

“Confidential information about security lapses in a council’s benefits section has been released – with passages that might help fraudsters highlighted.”

Full story

BBC News, 2nd April 2008

Source: www.bbc.co.uk

Emmott v Michael Wilson & Partners Ltd – WLR Daily

Emmott v Michael Wilson & Partners Ltd [2008] EWCA Civ 184; WLR (D) 82

“The interests of justice required an English court to ensure as far as possible that parties to London arbitrations should not seek to use the cloak of confidentiality with a view to misleading foreign courts particularly where the cases being presented in the foreign courts raised essentially the same or similar allegations and were proceeding in parallel.”

WLR Daily, 12th March 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Breakspear and Others v Ackland and Another – Times Law Reports

Breakspear and Others v Ackland and Another

Court of Appeal

“In the absence of special terms, the confidentiality in which a wish letter was enfolded was something given to the trustees for them to use, on a fiduciary basis, in accordance with their best judgment and as to the interests of the beneficiaries and the sound administration of the trust.”

The Times, 10th March 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Former spy faces court battle to publish book – Daily Telegraph

“The Government has launched a legal battle to stop a former MI5 undercover agent publishing a book on the inner workings of the secret service.”

Full story

Daily Telegraph, 9th March 2008

Source: www.telegraph.co.uk

Divorce battle goes public as McCartneys can’t agree deal – The Times

“Sir Paul McCartney and Heather Mills look set to fight out their divorce settlement in public after failing yesterday to reach a deal.”

Full story

The Times, 19th February 2008

Source: www.timesonline.co.uk

‘Confidentiality an inviolable right’ – The Times

“Ministers are coming under growing pressure from the legal profession to act over the regulation of bugging.”

Full story

The Times, 6th February 2008

Source: www.timesonline.co.uk


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