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United Kingdom
Key definition
Confidentiality definition What does Confidentiality mean? In legal practice, confidentiality is the obligation to keep a client’s information and affairs private and to use or disclose it only with proper authority. For lawyers, this duty of confidentiality arises from professional conduct rules (e.g., the SRA Standards and Regulations; the Law Society of Scotland Standards of Conduct; the Law Society of Northern Ireland rules; and the Law Society of Ireland guidance), from contract (engagement terms and non‑disclosure agreements), and from the equitable duty of confidence recognised in case law (breach of confidence). It sits alongside, but is distinct from, legal professional privilege, which protects defined categories...
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Transparency, Privacy and Reporting Restrictions in the Court of Protection (England and Wales): Current Rules, Practice Directions, Remote/Closed Hearings and Leading Cases
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Practice notes
Key issues in respect of privacy, confidentiality and publicity in the Court of Protection
It is fundamental to the rule of law that justice is not merely delivered but plainly seen to be delivered by all. As a general rule, hearings should be open to the public and the media, save in exceptional circumstances, in order to respect Article 10 ECHR (freedom of expression). At the same time, both the common law and Article 6 ECHR (the right to a fair trial) allow hearings to depart from open court in cases concerning children and other vulnerable people. Until quite recently, the default position in family matters and in the Court of Protection was to sit in private, with only limited scope for reporting. Proceedings before the Court of Protection frequently involve the most intimate, fundamental and private issues, and there is a presumption that the vulnerable person will remain anonymous, so as to give effect to P’s Article 8 rights—and, in some instances, those of P’s family—relating to private and family life. Nevertheless, growing public concern about secrecy in the Court of Protection, together with acknowledgement of the significance of the public understanding how...
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Web page updated on 21/05/2026
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This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
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I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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