confidentiality – Page 4 – Current Awareness

Doctor/patient confidentiality in genetic disease case – UK Human Rights Blog

Posted March 5th, 2020 in confidentiality, doctors, duty of care, genetic testing, hospitals, news, notification, third parties by tracey

‘ABC v St George’s Healthcare Trust and others [2020] EWHC 455 (QB). The High Court has ruled that the health authorities owed a duty of care to the daughter of their patient who suffered from the hereditary neurodegenerative order Huntington’s Chorea, to inform her about his condition. But in the circumstances, Yip J concluded that the duty was not breached and that causation had not been established.’

UK Human Rights Blog, 29th February 2020

Source: ukhumanrightsblog.com

Commons spends more than £800,000 on paying off former staff – BBC News

Posted March 5th, 2020 in confidentiality, news, non-disclosure agreements, parliament by tracey

‘The House of Commons has paid out hundreds of thousands of pounds in non-disclosure and settlement agreements with former employees, according to official figures.’

BBC News, 5th March 2020

Source: www.bbc.co.uk

The President’s Call For Evidence – First Thoughts – Transparency Project

Posted February 12th, 2020 in confidentiality, consultations, evidence, families, family courts, news, privacy, reporting restrictions by sally

‘It was last May, not long after he had dealt with journalist and TP member Louise Tickle’s successful appeal against a wrongly imposed reporting restriction order, that the President of the Family Division announced he would be holding a ‘Transparency Review’.’

Transparency Project, 11th February 2020

Source: www.transparencyproject.org.uk

President in call for evidence as part of Transparency Review in Family Court – Local Government Lawyer

Posted February 4th, 2020 in anonymity, confidentiality, family courts, news, practice directions by sally

‘The President of the Family Division, Sir Andrew McFarlane, has issued a call for evidence as part of the Family Court’s ‘Transparency Review’.’

Local Government Lawyer, 4th February 2020

Source: www.localgovernmentlawyer.co.uk

Disclosing client instructions did not end confidentiality – OUT-LAW.com

Posted January 30th, 2020 in confidentiality, disclosure, news, privilege, solicitors by tracey

‘A law firm which provided written confirmation to a financing bank that it had had received instructions from its client did not automatically bring legal advice privilege to an end, and so need not provide the bank with other documents relating to a dispute between the lender and the client, the Court of Appeal of England and Wales has ruled.’

OUT-LAW.com, 29th January 2020

Source: www.pinsentmasons.com

Case Note: Raiffeisen Bank International AG v Asia Coal Energy Ventures Ltd (1) Ashurst LLP (2) [2020] EWCA Civ 11 – Hailsham

Posted January 28th, 2020 in chambers articles, confidentiality, disclosure, news, privilege, solicitors by sally

‘The last few years has seen a raft of higher court authority dealing with questions of the nature of the law of the various types of privilege when it comes to disclosure of documents. In the latest case, the Court of Appeal has held that confidentiality and privilege is not lost in respect of documents pertaining to client instructions simply because a solicitor makes a statement to a third party pursuant to those instructions.’

Hailsham Chambers, 23rd January 2020

Source: www.hailshamchambers.com

Privileged Information and Settlement Agreements – Parklane Plowden Chambers

Posted January 21st, 2020 in confidentiality, disclosure, news, privilege, without prejudice communications by sally

‘Do Defendants have a right to see unredacted settlement agreements which have privileged communications in them? The case of BGC Broker LP (above) addresses this.’

Parklane Plowden Chambers, 17th January 2020

Source: www.parklaneplowden.co.uk

The Importance of Pre-Action Decisions in Employee Competition Litigation – Littleton Chambers

Posted November 26th, 2019 in competition, confidentiality, covenants, employment, news, pre-action conduct, undertakings by sally

‘Employee competition litigation typically starts with the discovery of some perceived threat to a business: perhaps the theft or removal of confidential documentation or information; the co-ordinated departure of key employees; or evidence of breaches of post termination covenants. Decisions have to be taken, often under time pressure, about how best to respond to that threat: is a without notice application justified? Is pre-action correspondence appropriate, and if so in what terms? What if any undertakings should be sought? These critical early decisions can have a significant impact on the future conduct of any litigation, including issues of costs and interim relief.’

Littleton Chambers, 21st November 2019

Source: www.littletonchambers.com

Regulator warns barristers against heated Twitter debates – Law Society’s Gazette

Posted October 22nd, 2019 in barristers, confidentiality, disciplinary procedures, internet, news, professional conduct by tracey

‘Barristers have been warned they could face disciplinary action if they take part in ‘heated’ internet debates, post ‘distasteful’ comments online, or – even – reveal their whereabouts via social media.’

Law Society's Gazette, 21st October 2019

Source: www.lawgazette.co.uk

BAILII and the re-use of judgments as public legal information – Transparency Project

Posted October 1st, 2019 in confidentiality, copyright, internet, judgments, news, privacy by sally

‘For all practical purposes, the free legal database run by the British and Irish Legal Information Institute (BAILII) is an official source of judgments from senior courts that any member of the public or any journalist can use. But while anyone can read individual judgments and quote bits of them elsewhere, what are the rules about downloading and re-using the content in bulk? Is it public open data or are there restrictions on its re-use? There seems to be some confusion about this, which this article aims to unpick.’

Transparency Project, 1st October 2019

Source: www.transparencyproject.org.uk

High Court denies anonymity to ex-client suing firm – Litigation Futures

Posted October 1st, 2019 in anonymity, confidentiality, disclosure, law firms, negligence, news, privacy, professional conduct by sally

‘A former client suing Leeds law firm Shulmans for £4m has lost his bid to do so anonymously.’

Litigation Futures, 30th September 2019

Source: www.litigationfutures.com

Shamima Begum: journalists will not have to hand over notes – The Guardian

Posted September 5th, 2019 in citizenship, confidentiality, disclosure, media, news, police, terrorism by tracey

‘Journalists who interviewed Shamima Begum will not be forced to hand over their notes to counter-terrorism investigators, as police look to build a potential prosecution of the young “Isis bride”.’

The Guardian, 4th September 2019

Source: www.theguardian.com

Solicitor sanctioned for “puerile” social media posts on clients – Legal Futures

Posted August 30th, 2019 in codes of practice, confidentiality, disciplinary procedures, disclosure, fines, internet, news, solicitors, Solicitors Regulation Authority by sally

‘A solicitor who repeatedly made “inappropriate and puerile comments” on social media about his clients’ matters, and revealed confidential information, has been rebuked for his conduct.’

Legal Futures, 30th August 2019

Source: www.legalfutures.co.uk

The “long arm” of the police – how “confidential” are family proceedings? – UK Human Rights Blog

Posted August 7th, 2019 in care orders, children, confidentiality, disclosure, families, family courts, news, police, privilege, terrorism by tracey

‘“Not very” seems to be the answer in the Court of Appeal decision in M (Children) [ 2019] EWCA Civ 1364 . Sir Andrew McFarlane upheld Keehan J’s decision to disclose the parents’ initial statement and position statement to the police following the initial interim care hearing. In family proceedings parents are advised that their evidence is confidential to those proceedings. They are encouraged to be open and frank and to understand that their children’s interests are the Court’s main concern. But something seems to be eroding these principles, a trend set since the case of Re H (Children) [2009] EWCA. The Court of appeal approved the test from Re C ( see below) and gave it the “fit for purpose” badge. The decision should be seen in the context of this being a police terrorism enquiry.’

UK Human Rights Blog, 7th August 2019

Source: ukhumanrightsblog.com

Government to legislate for legal advice on NDAs – Legal Futures

Posted July 22nd, 2019 in codes of practice, confidentiality, consultations, disclosure, employment, equality, harassment, legal services, news, non-disclosure agreements, sexual offences, women by sally

‘The government has pledged to change the law to ensure that employees signing non-disclosure agreements (NDAs) receive independent legal advice.’

Legal Futures, 22nd July 2019

Source: www.legalfutures.co.uk

Small law firms can set up effective ‘Chinese walls’, says judge – Legal Futures

Posted July 9th, 2019 in confidentiality, intellectual property, law firms, news by sally

‘It is wrong to suggest that ‘Chinese walls’ set up by small law firms to prevent confidentiality breaches will “never be effective”, a judge has ruled.’

Legal Futures, 9th July 2019

Source: www.legalfutures.co.uk

Employment lawyers acknowledge place for further regulation of confidentiality agreements but express concern over lack of regulatory clarity – Local Government Lawyer

Posted May 13th, 2019 in confidentiality, disclosure, employment, harassment, news, non-disclosure agreements, sexual offences, solicitors by sally

‘There is a place for further review and regulation of confidentiality agreements (or NDAs), particularly in settlement agreements, to reduce the risk that such agreements prevent proper reporting of sexual misconduct at work, the Employment Lawyers Association (ELA) has said.’

Local Government Lawyer, 9th May 2019

Source: www.localgovernmentlawyer.co.uk

Church rejects report which says clergy should be allowed to go to police with sex abuse confessions – Daily Telegraph

Posted May 9th, 2019 in child abuse, children, Church of England, codes of practice, confidentiality, disclosure, inquiries, news, sexual offences, victims by tracey

‘The Church of England is ignoring abuse victims, survivors claim, after it rejected a report saying that clergy should report sex abuse confessions to police.’

Full Church of England report

Daily Telegraph, 8th May 2019

Source: www.telegraph.co.uk

Solicitors must think about “impression created” by NDAs – Legal Futures

Posted April 1st, 2019 in confidentiality, disclosure, drafting, harassment, news, non-disclosure agreements, solicitors by sally

‘Solicitors must think beyond the drafting of non-disclosure agreements (NDAs) and confidentiality agreements to the “impression created” by them, a panel of experts has warned.’

Legal Futures, 1st April 2019

Source: www.legalfutures.co.uk

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