The following Information Law Q&A Produced in partnership with Tim Herbert of Ignition Law provides comprehensive and up to date legal information covering:
Any obligations in relation to confidential information will endure for as long as that information remains confidential. Accordingly, if the information was not confidential to start with or has ceased to be confidential, then it is unlikely that a Court will uphold undertakings in relation to it.
A non-disclosure agreement (NDA) is intended to protect a party’s confidential information. Generally, an NDA requires a party receiving that information:
not to disclose the information to any other party, and
(quite often) not to use the information other than for a particular purpose
In considering whether information received under an NDA can be disclosed by the receiving party, there are, therefore, two questions to be asked.
The first question is whether the information to be disclosed was confidential in the first place. As to this, in Saltman Engineering Co Ltd v Campbell Engineering Co Ltd it was stated that to be confidential, the information must, apart from contract:
‘…have the necessary quality of confidence about it, namely, it must not be something which is
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.Final judgments by
This Practice Note considers proprietary estoppel from a generic standpoint.For industry specific guidance on proprietary estoppel, see Practice Notes:•Estoppel and property law•Mortgages by estoppelProprietary estoppel—what is it?Unlike the other forms of estoppel (see Practice Note: Estoppel—what,
There are two kinds of burden:•the legal burden, and•the evidential burdenThe legal burdenA party has the legal (sometimes called ‘the persuasive’) burden where the onus is on that party to prove a fact or issue in a case to the required standard of proof.The legal burden is generally on the
This Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a statutory duty, see Practice Notes:•Negligence—when does a duty of care arise?•Negligence—when is the duty of care breached?Breach of
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.