Confidentiality

Court of Appeal overturns decision granting very broad non-party access to court documents

The Court of Appeal has overturned a High Court Master’s order granting non-party access to the entirety of the hard copy trial bundles in a case that settled before judgment. The decision helpfully clarifies the extent of the court’s discretion … Continue reading

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Filed under Confidentiality, Disclosure

High Court finds right of freedom of expression outweighed by right to privacy in relation to press coverage of police investigation

In a recent decision, the High Court engaged in the exercise of balancing a broadcasting organisation’s right to freedom of expression under Article 10 of the European Convention of Human Rights (“ECHR”), against the right to privacy of the target … Continue reading

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Notable increase in interim privacy injunctions sought and obtained in the second half of 2017

In March 2018, the Ministry of Justice published quarterly provisional civil justice statistics for England and Wales. These statistics include interesting details regarding the increase in court applications for privacy injunctions in 2017. The guidance to the Civil Justice Statistics … Continue reading

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Filed under Confidentiality, Injunctions

High Court grants non-party broad access to documents relied on at trial despite case having settled before judgment

In a recent decision, a High Court Master has taken a broad view of the documents that should be made available to a non-party where a case settled after trial: Dring v Cape Distribution Limited [2017] EWHC 3154 (QB). The … Continue reading

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Filed under Confidentiality, Disclosure

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 beenĀ 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