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Open Justice: Rule changes to increase transparency in the civil courts
From 6 April 2019, a number of changes to the Civil Procedure Rules will come into effect with the intention of reinforcing the principle of open justice …
High Court restrains claimants from using defendant's privileged material obtained from third parties in unknown circumstances
A recent High Court decision demonstrates that, whilst confidentiality is a prerequisite to a claim for privilege, information will not cease to be …
High Court upholds claim to privilege in respect of underlying instructions to law firm relating to escrow monies
The High Court has rejected an application for disclosure of documents containing the underlying instructions to a law firm acting for a party funding a …
Court of Appeal confirms Morrisons vicariously liable for employee's deliberate actions in first successful UK class action for data breach
The Court of Appeal has today dismissed an appeal against the High Court's decision that Morrisons was vicariously liable for its employee’s …
Court of Appeal overturns decision granting very broad non-party access to court documents
The Court of Appeal has overturned a High Court Master's order granting non-party access to the entirety of the hard copy trial bundles in a case …
High Court finds right of freedom of expression outweighed by right to privacy in relation to press coverage of police investigation
In a recent decision, the High Court engaged in the exercise of balancing a broadcasting organisation's right to freedom of expression under Article 10 …
Notable increase in interim privacy injunctions sought and obtained in the second half of 2017
In March 2018, the Ministry of Justice published quarterly provisional civil justice statistics for England and Wales. These statistics include …
High Court grants non-party broad access to documents relied on at trial despite case having settled before judgment
In a recent decision, a High Court Master has taken a broad view of the documents that should be made available to a non-party where a case settled after …
High Court prevents in-house lawyer acting against former employer due to risk of subconscious use of confidential information
The High Court has granted an injunction preventing an in-house lawyer from acting in proceedings adverse to her former employer: Western Avenue …
Court of Appeal upholds injunction to prevent use of privileged information obtained in breach of confidence
In a recent decision, the Court of Appeal has upheld an injunction against a defendant publisher to prevent it using the claimant's privileged …
Privacy at work: Limits on employers' ability to monitor private communications
The Grand Chamber of the European Court of Human Rights' (ECtHR) ruling in Barbulescu v Romania (61496/08) is a timely reminder of the limits of …
Employee could not assert privilege against employer over documents on employer's IT system
The High Court has found that a company's Group Finance Director could not assert privilege against the company in respect of documents he had created …
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