Confidentiality is a complex subject. In the Fourth edition of
Toulson & Phipps on Confidentiality, Charles Phipps along with
new editors William Harman and Simon Teasdale provides a
comprehensive and authoritative combination of reference, analysis
and procedure in relation to confidentiality across all relevant
areas of law. As a (very) small selection, the cases decided since
the last edition include: Saab v Dangate Consulting Ltd [2019] EWHC
1558 (Comm); [2019] P.N.L.R. 29, in which Cockerill J conducted a
detailed analysis of several aspects of the public interest
defence; Richard v British Broadcasting Corporation [2018] EWHC
1837 (Ch); [2019] Ch. 169, in which Mann J held that a suspect had
a reasonable expectation of privacy in relation to a police
investigation; Cape Intermediate Holdings Ltd v Dring [2019] UKSC
38, which is now the leading case on access to court records; and R
(Bridges) v Chief Constable of South Wales [2019] EWHC 2341
(Admin), in which the Court of Appeal held that data would fall
within the scope of the data protection regime if it identified
someone by a process of "individuation" (notwithstanding their
continued anonymity). ABC v Telegraph Media Group Ltd [2018] EWCA
Civ 2329, in which the Court of Appeal upheld "the important
legitimate role played by non-disclosure agreements in the
consensual settlement of disputes"; Key Features: Provides
comprehensive guidance on the law of confidentiality. Sets out the
principles and foundations underlying the law of confidence,
identifying the essential elements of the equitable cause of
action. Considers the widely varying circumstances in which duties
of confidentiality may arise. Analyses the nature of confidential
information, distinguishing what can and what can't be protected.
Discusses what counts as misuse of confidential information, and
the different ways in which the unauthorised use of confidential
information may be justified. Examines the remedies which may be
available for breach of confidence - both before and after the
event. Considers in detail the impact of privacy rights and the new
tort of misuse of private information. Summarises both the data
protection and the freedom of information regimes, reviewing the
principal case-law. Examines the confidentiality issues that arise
in a variety of professional and other relationships, including
medical advisers, bankers, broadcasters and journalists, teachers,
clergy, counsellors , mediators, employers & employees, police,
and lawyers. Illustrates how confidentiality operates within the
legal process, with guidance on legal professional privilege, the
without prejudice rule, and public interest immunity, as well as
other forms of protection which are available to litigants.
Considers, in particular, how children's confidentiality in the
legal process is maintained. Analyses the law of arbitral
confidentiality. Takes into account judicial decisions in other
common law jurisdictions including, in particular, Canada,
Australia and New Zealand. Includes up-to-date case law which can
be cited in court.
General
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