Confidentiality
No property right in the contents of an e-mail
A commercial deal has gone wrong. Not only has this caused contractual issues but regulatory authorities are now investigating. Crucial information which would help you is in the hands of someone who used to work for your company, in his … Continue reading
Filed under Confidentiality, Contract
Strict approach to witness protection orders
The High Court has refused to order that the identities of certain witnesses should be protected and that their evidence should be heard in private: Cherney v Deripaska [2012] EWHC 1781 (Comm). The court accepted that it had the power to make … Continue reading
Filed under Confidentiality, Evidence
Court of Appeal considers confidentiality obligations of in-house lawyers
The Court of Appeal has considered whether and in what circumstances a former employed lawyer will be restrained from acting adverse to a former employer in order to protect that former employer’s confidential information: Generics (UK) Limited v Yeda Research & Development … Continue reading
Filed under Confidentiality
Disclosure of client contact details: conflicting approaches
The High Court has refused to order a firm of solicitors to disclose a client’s contact details to assist in the enforcement of a committal order against him, because those details were protected by legal professional privilege and because disclosure … Continue reading
Filed under Confidentiality, Fraud, Privilege
High Court guidance on non-party access to court documents
In the context of the phone hacking litigation, the High Court has considered the principles governing which court documents are publicly available: Various claimants v News Group Newspapers Ltd and another [2012] EWHC 397 (Ch). Under CPR 5.4C a non-party … Continue reading
Filed under Confidentiality, Statements of case
High Court restrained use of privileged documents disclosed inadvertently
The recent High Court decision in London Borough of Redbridge and another v Johnson [2011] EWHC 2861 (QB) is a reminder that where privileged documents are disclosed inadvertently (here pursuant to a subject access request under section 7 of the Data … Continue reading
Filed under Confidentiality, Privilege
Non-party access to witness statements and skeleton arguments
Two recent cases have considered the circumstances in which non-parties can gain access to certain court documents.
Filed under Confidentiality, Evidence
Keeping settlement terms confidential
A recent High Court decision has important practical implications for the drafting and filing of Tomlin orders, which are commonly used to record agreed terms of settlement: ABC Ltd v Y [2010] EWHC 3176 (Ch). The judgment also helpfully reviews … Continue reading
Filed under Confidentiality, Settlement
Court of Appeal takes strict approach on private hearings
In a recent judgment, the Court of Appeal has taken the opportunity to clarify that a private hearing or party anonymisation will be granted in the Court of Appeal only if, and only to the extent that, the court is … Continue reading
Filed under Confidentiality
Disclosure of confidential settlement agreements
The recent High Court judgments in the case of Cadogan Petroleum Plc and others v Mark Tolley and others [2010] EWHC 1107 and [2009] EWHC 3291 give a good illustration of when a settlement agreement with one defendant will be … Continue reading
Filed under Confidentiality, Disclosure, Settlement
