Alex Fox and James Harrison ponder the practicalities of privilege post Panama Papers ‘The courts have adopted a somewhat artificial but common-sense approach in favour of maintaining privilege. This recognises that victims of cybercrime or intentional disclosure are placed at a disadvantage through no fault of their own.’We are all familiar with the concept of …
Continue reading "Insights By Penningtons Manches: Keep it under your hat"
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Andrew Olins assesses a recent case with a clear warning for developers who fail to obtain an NDA from their potential funders ‘An equitable obligation of confidence arises on the acquisition or receipt of confidential information if, but only if, the acquirer or recipient either knows or has notice (objectively assessed by reference to a …
Continue reading "Non-Disclosure Agreements: Don’t be a tease!"
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Wills & Trusts Law Reports | June 2013 #130The appellant beneficiary (B) appealed from the order of Judge J R Finch made in the Royal Court of Guernsey on 15 March 2012 granting liberty to the respondent trustee (T) to disclose information and documentation to law enforcement authorities in France inter alia to protect the interests of T in the context of an ongoing criminal investigation.
T was the subsidiary of an international banking group and was the trustee of two trusts created in February 1989 for the benefit of the children and grandchildren of the settlor (S). S had died in 2001. Shortly afterwards, the...
In the first of two parts, Alan Watts and Anna Bateman review recent cases on the law of confidence and privacy ‘Applications for interim injunctions to prevent publication of confidential information are often sought and obtained.’ The past few years have seen some significant developments in the law of confidence, such that it is now …
Continue reading "Privacy: To publish or not to publish"
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