Imerman v Tchenguiz and others; Same v Imerman – WLR Daily

Posted August 3rd, 2010 in appeals, confidentiality, divorce, financial provision, law reports by sally
“There was no legal justification for permitting a spouse to retain copies of documents unlawfully obtained in breach of confidence in order to prevent the other spouse from concealing assets in ancillary relief proceedings. A spouse could apply for search and seizure, freezing, preservation and similar orders to ensure that assets were not wrongly concealed or dissipated.”
WLR Daily, 30th July 2010

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Handing foreign intelligence to British courts to be made illegal – Daily Telegraph

Posted July 7th, 2010 in confidentiality, evidence, intelligence services, news by sally

“Handing foreign intelligence to British courts is to be made illegal, the Prime Minister has announced, as he said the government would pay compensation to end a series of embarrassing legal cases.”

Full story

Daily Telegraph, 7th July 2010

Source: www.telegraph.co.uk

GPs agree to waive privacy of mentally ill gun owners – The Guardian

Posted June 15th, 2010 in confidentiality, doctors, firearms, medical ethics, mental health, news by sally

“Doctors have agreed to breach their duty of medical confidentiality to patients who own guns if they fear they have become so seriously mentally ill they may use their weapons on themselves or the public, the Guardian has learned.”

Full story

The Guardian, 14th June 2010

Source: www.guardian.co.uk

Goldsmith’s advice on treatment of Iraqi prisoners is censored – The Independent

Posted April 6th, 2010 in attorney general, confidentiality, human rights, inquiries, Iraq, news, torture by sally

“The Government has blocked the release of the former attorney general Lord Goldsmith’s advice about whether human rights law applied to British troops in Iraq when handling prisoners.”

Full story

The Independent, 2nd April 2010

Source: www.independent.co.uk

VC firm accused of stealing business plan must pay damages, not profits – OUT-LAW.com

Posted March 31st, 2010 in confidentiality, contracts, damages, news by sally

“A venture capital company that breached the confidentiality of businessmen who came to it with a proposition should only have to pay damages as compensation and not a share of their profits from the deal, the High Court has ruled.”

Full story

OUT-LAW.com, 29th March 2010

Source: www.out-law.com

Vercoe and others v Rutland Fund Management Ltd and others – WLR Daily

Posted March 11th, 2010 in confidentiality, damages, law reports by sally

Vercoe and others v Rutland Fund Management Ltd and others [2010] EWHC 424 (Ch); [2010] WLR (D) 68

“Where a claim was based on breach of obligations of confidentiality, the claimant did not have a complete discretion to choose between claiming an award of damages assessed by reference to the notional reasonable price which the defendant should have paid to buy release from the rights in respect of the relevant confidential information and claiming an account of profits.”

WLR Daily, 9th March 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Jon Venables: the right to know – The Guardian

Posted March 9th, 2010 in anonymity, confidentiality, news, trials by sally

“Justice cannot be served at trial unless Jack Straw holds his nerve on unmasking Jon Venables.”

Full story

The Guardian, 8th March 2010

Source: www.guardian.co.uk

Brown defends silence over jailing of Venables – The Independent

Posted March 5th, 2010 in confidentiality, criminal justice, media, news, release on licence by sally

“The Prime Minister has defended the Government’s refusal to explain why one of the murderers of James Bulger has been returned to prison, as new claims emerged that the killer had a recent history of violence and drug abuse.”

Full story

 The Independent, 5th March 2010

Source: www.independent.co.uk

R (Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (Guardian News and Media Ltd and others intervening) – WLR Daily

R (Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (Guardian News and Media Ltd and others intervening) [2010] EWCA Civ 65; [2010] WLR (D) 31

“As a general principle, the principles of freedom of expression, democratic accountability and the rule of law were integral to the principle of open justice, so that, where litigation had occurred and judgment given, any disapplication of the open justice principle (which included the ordinary right of all the parties to the litigation to know the reasons for the court’s decision) had to be rigidly contained. It should be rare for the court to order that any part of the reasoning in its judgment which had lead it to its conclusion should be redacted, and any such order should be made only in extreme cases.”

WLR Daily, 11th February 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Trafigura returns to court in attempt to suppress lawsuit documents – The Guardian

Posted January 8th, 2010 in confidentiality, injunctions, news, parliament by sally

“Trafigura, the offshore oil trader that became notorious for legal attempts to suppress reporting of parliament, is going back to Britain’s judges tomorrow.”

Full story

The Guardian, 7th January 2010

Source: www.guardian.co.uk

Newspapers victorious in battle to protect source – The Independent

Posted December 16th, 2009 in confidentiality, disclosure, human rights, media, news by sally

“The Independent has helped win an important court ruling protecting members of the public who supply confidential information to the media.”

Full story

The Independent, 16th December 2009

Source: www.independent.co.uk

Former MI5 man loses supreme court case in memoirs fight – The Guardian

Posted December 10th, 2009 in confidentiality, intelligence services, investigatory powers, news, tribunals by sally

“Judges rule battle to publish book must be pursued in secretive investigatory powers tribunal.”

Full story

The Guardian, 9th December 2009

Source: www.guardian.co.uk

Regina (L) v Commissioner of Police of the Metropolis (Secretary of State for the Home Department and another intervening) – WLR Daily

Posted November 2nd, 2009 in confidentiality, criminal records, disclosure, law reports, police by sally
“Information about a person’s convictions which was systematically collected and stored in central records and was available for many years after the convictions had receded into the past could fall within the scope of private life for the purposes of art 8(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms so that disclosure of the information could amount to an interference with the art 8 right to respect for private life. When the chief officer of police was considering for the purposes of an enhanced criminal record certificate whether to disclose information held on police records about a person who had applied for a job which involved working with children or vulnerable adults, he was required to decide whether the job applicant’s right to respect for her private life outweighed the social need for protecting children and vulnerable adults. There was no presumption that disclosure should be made unless there was good reason for not doing so.”
WLR Daily, 30th October 2009
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Law of confidence can trump libel law, rules High Court – OUT-LAW.com

Posted October 22nd, 2009 in confidentiality, defamation, news, privacy by sally

“The High Court has upheld a famous person’s rights under the law of confidence over someone else’s right to reveal his activity with a prostitute under defamation law. The Court has granted an interim injunction which will keep the man’s identity a secret.”

Full story

OUT-LAW.com, 22nd October 2009

Source: www.out-law.com

Solicitor abused position to campaign against cutbacks – Daily Telegraph

Posted September 15th, 2009 in care homes, confidentiality, disciplinary procedures, news, solicitors by sally

“A solicitor who made her name helping people fight against closures of care homes abused her position by encouraging clients to protest against cut services, a tribunal has heard.”

Full story

Daily Telegraph, 14th September 2009

Source: www.telegraph.co.uk

Former employee who emailed company info to himself breached database rights, High Court rules – OUT-LAW.com

Posted September 9th, 2009 in confidentiality, database right, electronic mail, news by sally

“The founder of a conferencing business breached his former employer’s database rights and misappropriated its confidential information, the High Court has said.”

Full story

OUT-LAW.com, 8th September 2009

Source: www.out-law.com

Court orders Tchenguiz to return computer data – The Independent

Posted August 3rd, 2009 in confidentiality, divorce, news by sally

“The multimillionaire businessman Vivian Imerman won a court order yesterday preventing his estranged wife’s brothers – property tycoons Robert and Vincent Tchenguiz – from using confidential information about his financial assets.”

Full story

The Independent, 1st August 2009

Source: www.independent.co.uk

Invoice theft breached confidence, rules High Court – OUT-LAW.com

Posted June 18th, 2009 in confidentiality, news by sally

“The handing over of a set of stolen invoices from one dairy wholesaler to its most bitter rival was a breach of confidence, the High Court has ruled. The taking of the invoices by an ex-employee and their user by the rival broke the law, it said.”

Full story

OUT-LAW.com, 17th June 2009

Source: www.out-law.com

Szuluk v United Kingdom (Application No 36936/05) – Times Law Reports

Posted June 17th, 2009 in confidentiality, human rights, law reports, prisons by sally

Szuluk v United Kingdom (Application No 36936/05)

European Court of Human Rights

“In a unanimous judgment, the European Court of Human Rights held that monitoring, by the prison authorities of medical correspondence between a convicted prisoner and his external specialist doctor, violated the prisoner’s right for respect for his correspondence, as guaranteed by article 8 of the European Convention on Human Rights.”

The Times, 17th June 2009

Source: www.timesonline.co.uk

Napier and Another v Pressdram Ltd – Times Law Report

Posted June 2nd, 2009 in barristers, confidentiality, law reports, solicitors by sally

Napier and Another v Pressdram Ltd

Court of Appeal

“A barrister who made a complaint against his solicitor to his professional body owed no duty of confidentiality to the solicitor or his firm not to reveal to others the result of the adjudication against the solicitor where the subject matter underlying the adjudication was nothing private to the solicitor.”

The Times, 2nd June 2009

Source: www.timesonline.co.uk