He has experience of misuse of private information claims,
breach of confidence cases, breaches of Article 8 ECHR and urgent injunctive relief claims.
Recent case law demonstrates that the critical question for the court in
breach of confidence cases is to analyse how Arts 8 and 10 apply to the facts of a particular case.
Not exact matches
This
case involved Ms Kaur, a nurse, who argued that her employer's instigation, handling and outcome (a final written warning, upheld at internal appeal)
of its disciplinary process following her altercation with a colleague, was unreasonable such that it amounted to a repudiatory
breach of the implied term
of mutual trust and
confidence.
It is increasingly common (as happened in this
case) for
breach of the implied term
of trust and
confidence to be alleged by an employee in constructive dismissal
cases (as such a term is fundamental and goes to the root
of the contract).
The Court
of Appeal in the present
case found that it should be decided as a civil claim for damages for
breach of confidence (para. 32).
The three
cases involve five different alleged wrongs, raising possible causes
of action for economic loss: inducing
breach of contract (Mainstream), causing loss by unlawful means (Zeta - Jones) interference with contractual relations (OBG);
breach of confidence (Zeta - Jones) and conversion (OBG).
She has extensive expertise in team move
cases and claims
of breach of confidence and
breach of contract.
On the facts
of G's
case, it was unreasonable and a
breach of the implied term
of mutual trust and
confidence for the trust to refuse to adjourn its internal disciplinary processes until the CPS had decided whether to charge G with criminal offences.
In the
case of Agoreyo v London Borough
of Lambeth [2017] EWHC 2019 (QB), the High Court held that the suspension
of a teacher amounted to a
breach of the implied term
of mutual trust and
confidence.
Justice Stinson referred to the Manitoba
case of Grant v. Winnipeg Regional Health Authority, [2015] M.J. 116 (C.A.) and held that the three elements
of the tort
of breach of confidence are:
In extreme
cases, the employee may engage in a
breach of confidence, sabotage, or theft
of trade secrets by the employee.
The
case involved consideration
of the bank's duties
of confidence including the Tournier principles — where a bank can legally disclose information about its customers; it also considered the measure
of damages for
breach of duty where there is no loss
Having litigated a vast array
of cases in matters including complex security
cases,
breach of contract,
breach of partnership matters, construction defect, personal injury, and criminal matters, Mr. Elkus provides
confidence in every instance.
Recommended in Legal 500 and Chambers and Partners as a leading junior in Employment law, Holly has a particular interest in High Court employment disputes and has acted in a number
of cases concerning covenants in restraint
of trade and
breach of confidence, as well as bonus claims.
That is why, in Mahmud's
case itself, damages were recoverable for financial loss flowing from damage to reputation caused by a
breach of the implied term
of trust and
confidence.»
Thus, the action in
breach of confidence, which was for centuries understood exclusively as a species
of equitable wrongdoing, has been acknowledged, at least in
cases that involve a
breach of privacy as opposed to the divulgement
of secret information, as a «tort» (see, eg, Douglas v Hello!
The House
of Lords went in a different direction — one based, in part, on an aspect
of UK Human Rights Act and, in part, on previous common law
cases involving the tort
of «
breach of confidence.»
Haddon - Cave J has clarified in this judgment that such injunctions are available in
cases of breach of contract and fiduciary duty (rather than just
breach of confidence).
The judge expresses his view that springboard relief is available not only in
cases involving
breach of confidence but also those involving
breach of contract and fiduciary duty.
Other topics covered this week included seeking intervener status in an environmental contamination
case, automobile insurance, MVA jury trials, motions for summary judgment in the class action context,
breach of confidence, family law, bankruptcy and insolvency and solicitors» liens and charging orders.
Tags:
breach of confidence, confidential information, departing employee
cases, intrusion upon seclusion, privacy tort, unfair competition