Confidentiality

The Marathon decision – is it right that employees can unlawfully remove confidential documents and not pay damages?

The High Court has recently considered the approach to assessing "licence fee damages" in a claim against two former employees of Marathon Asset Management, James Seddon and Luke Bridgeman, who breached their duties of confidence by unlawfully removing approximately 40,000 … Continue reading

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Filed under Confidentiality, Remedies

Springboard injunction granted for misuse of confidential information relating to production process

The High Court has recently considered when, and for how long, injunctive relief should be granted as a remedy for breach of confidence: Kerry Ingredients (UK) Limited v Bakkavor Group Limited and others [2016] EWHC 2448 (Ch). Here the confidential … Continue reading

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Filed under Confidentiality, Injunctions

Court of Appeal clarifies when court will allow inspection of documents mentioned in witness statement or statement of case

In a recent decision, the Court of Appeal has clarified the approach to be taken in determining whether the court should allow inspection of a document "mentioned" in a witness statement or statement of case: Blue Holdings (1) PTE Ltd & … Continue reading

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Filed under Confidentiality, Disclosure, Evidence, Statements of case

Supreme Court upholds celebrity injunction

The Supreme Court has today allowed an appeal by a celebrity (PJS) seeking an injunction preventing publication of details of his private life, by a majority of four to one: PJS v News Group Newspapers Ltd [2016] UKSC 26.  In … Continue reading

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Filed under Confidentiality, Injunctions

Article published on directors and corporate information

Within the boardroom, the management of information is of crucial importance, particularly where directors are appointed by a single shareholder under the company’s articles of association or a relevant shareholders’ agreement. Recent English cases demonstrate that shareholders and companies are … Continue reading

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Filed under Announcements, Confidentiality, Miscellaneous

Court of Appeal found settlement precluded application to use disclosed documents in separate action

The Court of Appeal overturned an order granting the claimants permission to use, in intended Swiss proceedings, certain documents that had been disclosed by the defendants, where the proceedings had been settled before trial, the documents had not been read … Continue reading

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Filed under Confidentiality, Disclosure, Settlement

High Court refuses non-party application for witness statement exhibits that were not on court file

The High Court has held that it has no inherent jurisdiction to order non-party access to witness statement exhibits, and documents put to witnesses in cross-examination, where these are not on the court file: Nestec SA v Dualit Limited [2013] … Continue reading

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Filed under Confidentiality

High Court finds SFO not barred from giving disclosure of third party documents obtained under compulsory powers

The High Court has held that the Serious Fraud Office (SFO) was not prevented from giving disclosure as a defendant to civil proceedings of documents received from third parties in response to notices issued under section 2 of the Criminal Justice Act … Continue reading

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Filed under Confidentiality, Disclosure

Court of Appeal dismisses appeal against Tomlin order on ground of judicial pressure to settle

The Court of Appeal has considered the grounds on which a Tomlin order, a form of consent order commonly used to record agreed terms of settlement, could be set aside: Watson v Sadiq [2013] EWCA Civ 822. The claimant contended that … Continue reading

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Filed under ADR, Confidentiality, Settlement

Court of Appeal finds company entitled to access e-mails sent or received on its behalf by former CEO

The Court of Appeal has held that a company was entitled to an order requiring its former Chief Executive Officer to provide access to the content of e-mails relating to its business affairs which were stored on his personal computer. … Continue reading

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Filed under Confidentiality, Miscellaneous