Breach of Confidence meaning

According to the Department for Business and Trade, a former Insolvency Service employee, who remains anonymous, supplied The Times, the Financial Times and Sky News in November 2023 with confidential details about the agency’s plan to seek director disqualification against Greensill. The government’s High Court defence, dated 29 April 2024 and now public, asserts this constituted unlawful processing of the Australian businessman’s personal data under the UK GDPR, together with a breach of confidence and misuse of private information. However, the government rejected the contention that the disclosures caused Greensill “significant anxiety and distress”. By then, the department argued, the ex-Citigroup and Morgan Stanley banker’s standing as a businessman was “already significantly, if not irreparably, damaged”. Greensill issued proceedings against the government in March 2024, seeking damages and compensation, contending that the Insolvency Service’s investigation was “an obviously confidential and private process”. He alleges the staff member, referred to only as X, infringed his privacy by tipping off the media about the scope and key areas of focus in the...

In this issue: Copyright & associated rights Designs Trade marks/passing off Patents Geographical indications IP and technology Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Copyright & associated rights Law360 reports that Sony Music has again failed to shut down a copyright claim in England relating to royalties from Jimi Hendrix’s band. A judge in London concluded the bandmates’ estates present an arguable case concerning IP rights tied to music streaming platforms. See: Sony loses bid to stop Hendrix Bandmates' Copyright Trial. Copyright and Performances (Application to Other Countries) (Amendment) Order 2024 SI 2024/193: This instrument widens eligibility for specified rights under UK copyright law to certain non-UK nationals by lifting some of the current limitations on extending those rights abroad. The Order takes effect on the date the CPTPP becomes operative for the UK. See: LNB News 28/02/2024 29...

The High Court found that Spectrum Insurance Services Ltd had undertaken to The Motoring Organisation Ltd not to profit from an opportunity to supply cover to SsangYong dealerships in the UK until any merger between Spectrum and TMO had completed. On liability, Judge Simon Birt KC held that Spectrum breached contract, fiduciary obligations and confidence by advancing the SsangYong prospect while talks over a potential merger with TMO were ongoing in late 2018, which did not proceed and never went ahead at all...

Resource Note This Resource Note signposts key commentary, analysis and materials to aid interpretation and offer practical direction on using Chapter 2 of the Disclosure Guidance and Transparency Rules (DTR 2). Where relevant, it draws on: the Financial Conduct Authority (FCA) Handbook FCA Knowledge Base—Procedural and Technical notes (formal guidance binding on the FCA) FCA consultation and discussion papers, policy and feedback statements, and warnings Primary Market Bulletins and other FCA publications legacy UKLA technical and procedural notes and the UKLA’s newsletter List!, where still pertinent assimilated EU legislation EU Directives and EU Regulations, where helpful to construing a provision Lexis+® UK analysis and resources Setting the scene What it covers: DTR 2 prescribes the framework for issuers to disclose and manage inside information, supporting timely and even-handed release of market-sensitive information. It also identifies specific situations permitting a delay to public disclosure of inside information, together with the safeguards required to keep such information...

This Practice Note examines the jurisdictional service gateways, or bases for service, in CPR PD 6B, paras 3.1(21)–3.1(23), which address claims concerning breach of confidence and misuse of information. It outlines the gateways and offers observations on how the courts have interpreted, or may interpret, them. This Practice Note should be read alongside Practice Note: Cross-border service—jurisdictional gateways (principles). For guidance on the substantive claim to safeguard confidential material, see: Protecting confidential information—overview. Where the requirements of gateway 21 are satisfied and an additional claim is pursued against the same defendant arising from the same, or closely connected, facts, that additional claim may come within gateway 4B. For further guidance, see Practice Note: Cross-border service—jurisdictional gateways 1, 1A, 2, 4 and 4A (general grounds), in particular the main section: Gateway 4A—further claim arises out of the same or closely related facts... Claims for breach of confidence or misuse of private information—gateway 21 Gateway 21 (CPR PD 6B, para 3.1(21)) provides: ‘Claims for breach of confidence or misuse of...

This Practice Note examines the mediator’s potential exposure for failing to uphold duties owed to the parties. It also identifies any applicable codes of conduct and reviews the mediator’s function across the mediation, including drafting any settlement terms. As a central figure in the process, the mediator must earn the parties’ trust and inspire confidence if the mediation is to succeed. For guidance on appointing a mediator, see Practice Note: Choosing a mediator. Basis of mediator liability—contract and/or negligence Typically, a mediation agreement will be in place, and the mediator may incur liability to the contracting parties for breach, subject to any contractual limits. Confidentiality clauses commonly appear in such agreements, and a breach by the mediator could give rise to liability. For assistance with preparing the mediation agreement, see Practice Note: Organising a mediation. For discussion of limiting the mediator’s liability, see: Mediation agreement—limiting mediator’s liability. For an overview of breach of contract and remedies, see: Contractual breach damages and remedies—overview...

[ insert name and address of sender ] (We) Our reference: [ insert reference ] Your reference: [ insert reference ] [ insert address of recipient ] (You) 1 In this letter, the following terms have the following meanings: 1.1 Affiliate refers to any entity that, directly or indirectly, Controls, is Controlled by, or is under shared Control with, another entity; 1.2 Authorised Persons denotes the officers and directors, members and partners, employees, consultants, sub-contractors, agents, representatives, or professional advisers of a party and/or its Affiliate(s); 1.3 Confidential Information means all information of a confidential nature that either we or you hold or obtain from the other (whether directly or indirectly), including the other’s know-how, trade secrets, plans, developments, financial, commercial, technical, tactical, strategic, marketing, operations, customer or product information, personnel information, any information marked as or agreed to be confidential, any other information that either we or you know, or could reasonably be expected to know, is confidential, and any such information relating...

[ Insert name and address of recipient ] Dear [ insert organisation name ], [ Name of client ] and confidential information We act for [ insert name of client ] of [ address ]. We write regarding the unlawful disclosure [ and unauthorised use ] of our client’s confidential information. This correspondence is issued pursuant to the [ Practice Direction Pre-Action Conduct and Protocols under the Civil Procedure Rules OR Pre-action Protocol for Media and Communications Claims ]. Our client trades in [ describe client’s business and any other background information ]. They hold highly sensitive commercial material, including [ [ identify the confidential information ] OR [ identify the categories of confidential information ] ] (the Confidential Information). The Confidential Information was provided to [ you OR [ name of individual ] ] on [ provide details about the disclosure—eg date, location ] (the Disclosure)...

[ Insert in para 6.1 of response form ET3: ] It is [ accepted OR not accepted OR denied ] that the Claimant worked for the Respondent as [ insert job title, eg ‘a financial analyst’ or ‘an insurance sales manager’ ] from [ insert start date of employment ] until [ end date of employment ] [ at its [ insert details of particular office or location, eg ‘London Headquarters in Canary Wharf’ ] ]. It is [ accepted ] that the Respondent is [ insert brief description of the nature of the Respondent, eg a global investment bank ]. The Respondent disputes that the Claimant was constructively unfairly dismissed [ and/or wrongfully dismissed ], as alleged or at all. [ [ EXAMPLE A (Response to alleged breach of term of trust and confidence): ] It is acknowledged that the Claimant’s contract of employment, dated [ insert date ], contained an implied term that the Respondent would not, without reasonable and proper cause, act...