The following Employment practice note Produced in partnership with Ruaraidh Fitzpatrick of Cloisters provides comprehensive and up to date legal information covering:
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: Brexit and IP completion day—implications for employment lawyers.
As noted in Practice Note: The duty of fidelity and fiduciary duties, the duty of fidelity implied into every contract of employment will generally prevent an employee from disclosing to third parties confidential information which comes to their knowledge during the course of their employment. In addition to this, certain very confidential information, generally known as trade secrets, will be protected by the equitable duty of confidence. These two duties have combined historically to determine the implied duty on an employee in relation to confidential information.
The manner in which business information is categorised is therefore very important; while an employee will be under an implied duty not to disclose trade secrets and/or confidential information to third parties during employment, only the implied duty not to disclose trade secrets will continue after the employment ceases.
An exception to this general rule is that
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When defendants are guilty, they have a choice to plead guilty or to put the prosecution to proof. When they plead guilty they may benefit from a reduction in their sentence as a result, see Practice Note: Credit for guilty plea. However, the Sentencing Council's overarching guidelines on reduction
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What is a third party debt order (TPDO)?Third party debt orders were previously known as 'garnishee' orders and operated under the regime provided for in CCR Ord 30 and RSC Ord 49 (now revoked). Although the rules in CPR 72 are new, many of the principles with which they are concerned are well
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