Confidentiality

High Court prevents in-house lawyer acting against former employer due to risk of subconscious use of confidential information

The High Court has granted an injunction preventing an in-house lawyer from acting in proceedings adverse to her former employer: Western Avenue Properties Ltd v Soni [2017] EWHC 2650 (QB). The judge accepted that the defendant was well aware of … Continue reading

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Filed under Confidentiality, Injunctions

Court of Appeal upholds injunction to prevent use of privileged information obtained in breach of confidence

In a recent decision, the Court of Appeal has upheld an injunction against a defendant publisher to prevent it using the claimant’s privileged information that had been provided to the publisher in breach of confidence: Lachaux v Independent Print Limited [2017] … Continue reading

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Filed under Confidentiality, Privilege

Privacy at work: Limits on employers’ ability to monitor private communications

The Grand Chamber of the European Court of Human Rights’ (ECtHR) ruling in Barbulescu v Romania (61496/08) is a timely reminder of the limits of employers’ ability to monitor their employees’ private activity on work IT systems. Although the decision … Continue reading

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Filed under Confidentiality, Miscellaneous

Employee could not assert privilege against employer over documents on employer’s IT system

The High Court has found that a company's Group Finance Director could not assert privilege against the company in respect of documents he had created for the purpose of obtaining legal advice in respect of his divorce proceedings, which the … Continue reading

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Filed under Confidentiality, Privilege

High Court refuses non-party access to witness statements prepared for trial and referred to at pre-trial hearing

The High Court has refused an order allowing The Sunday Times to obtain access, in advance of a trial, to witness statements prepared for that trial, even though the statements had been placed before the judge and referred to at … Continue reading

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Filed under Confidentiality, Evidence

Singapore Court of Appeal upholds claim to privilege over hacked documents

In a recent decision, the Singapore Court of Appeal concluded that evidence which had been made available on WikiLeaks as a result of the respondent's computer systems being hacked had not lost its confidential and legally privileged status: Wee Shuo Woon … Continue reading

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Filed under Confidentiality, Privilege

High Court grants interim non-disclosure order to restrain publication of confidential information

The High Court recently granted a hedge fund an interim non-disclosure order to restrain the publication of confidential information which had been provided to potential investors and subsequently leaked to the press: Brevan Howard Asset Management LLP v (1) Reuters … Continue reading

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Filed under 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