Confidentiality

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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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