The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
This Practice Note looks at the status and use of confidential information in civil proceedings including what confidential information is, how to protect confidential information and how confidentiality may be lost. It considers disclosure obligations in relation to confidential material, ways of protecting confidential material from disclosure, inspection and being referred to in open court, disclosure of confidential material for limited purposes, confidentiality rings, relying on confidential and covertly obtained information, receiving confidential material by mistake and the tension with other jurisdictions’ disclosure rules.
Information which is generally considered to be confidential includes:
personal (or private) information
journalistic, artistic or literary confidences
court-ordered settlement agreements requiring non-disclosure
information specifically identified by contract as restricted
password-protected email accounts
documents produced as part of the relationship between a solicitor and his client (Anderson). Note, however that, although all privileged material must be confidential, not all confidential information is privileged. For more information on legal professional privilege, see Practice Note: Legal professional privilege in civil proceedings
Confidentiality does not arise simply because it has been labelled as such: 'merely because the parties label matters as being confidential does not necessarily make it so. The principles of confidentiality are more restrictive than that' (Sports Direct at para , referring to CF Partners which summarises the principles of confidentiality at paras –).
The starting point
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This Practice Note provides an introduction to intercreditor agreements and their key provisions. This Practice Note:•explains the purpose of having an intercreditor agreement and when an intercreditor agreement would be used instead of a deed of priority or subordination deed•provides links to
This Practice Note considers the meaning and use of conditions precedent in commercial arrangements. It also considers typical conditions precedent and drafting issues.What are conditions precedent?A condition precedent in a commercial contract details an event which must take place before:•a
Fraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation (the Theft Act 1968 (TA 1968)). No gain or loss need actually be made, and no deception need operate on the mind of the deceived for the Fraud Act 2006
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. For guidance, see Practice Note: Coronavirus
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