Sentences with phrase «for breach of confidence»

The claimant further sought damages or an account of profits for breach of confidence, the infringement of his right to privacy and the misuse of private information resulting from the taking, recording, holding and publication of the photograph.

An action for breach of confidence may appear outdated, but it remains useful where CDPA 1988, s 51 operates to remove copyright protection and where design right has expired.

The claimant brought an action for breach of confidence.

Act for Celador Productions Ltd and its former director defending a claim for breach of confidence and copyright infringement in respect of a TV show format

Representing two former employees as sole counsel in a High Court claim for breach of confidence, fiduciary duties, and fidelity obligations (settled on confidential terms).

He appeared on the assessment of Wrotham Park damages in a claim for breach of confidence following the publication on the internet of sensitive pricing and discounting information.

Clifford acts in most types of commercial and insolvency litigation including Pre-emptive remedies, Minority Shareholder Actions, claims against Directors for breach of duty, claims for Unjust Enrichment or for Breach of Fiduciary duties, Shareholder Disputes, Partnership Disputes, claims under the Commercial Agents Directive, Directors» Disqualifications, actions for Breach of Confidence and Database Rights and proceedings to enforce Restraint of Trade Covenants.

You then brought proceedings and sought an injunction as well as damages for breach of confidence and breach of privacy.

Dar Al Arkan Real Estate Development v Al - Refai & others: Acting for one of the Defendants to claim for breach of confidence / conspiracy worth in excess of $ 500m.

Holman J came to that conclusion notwithstanding that, in Eisai, counsel for NICE had conceded (Eisai, [59]-RRB- that, in any action against it for breach of confidence in respect of such a disclosure, a public interest defence would be available to it if fairness required that the information be disclosed.

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 teams presented arguments about the implication of terms in contracts and the availability of an account of profits as a remedy for breach of confidence before a distinguished judging panel comprising of Justice Vinodh Coomaraswamy, Mr. Gourab Banerji SA and Mr. Roderick Cordara QC.

The respondent brought an action in Ontario against Dr. Lu, three Chinese corporations and a British Virgin Island corporation (hereafter the «appellants») for breach of confidence, breach of contract, breach of fiduciary duty, conspiracy, unjust enrichment and / or unlawful interference with economic interests after discovering clones being sold in the global market.

Not exact matches

Examples of these risks, uncertainties and other factors include, but are not limited to the impact of: adverse general economic and related factors, such as fluctuating or increasing levels of unemployment, underemployment and the volatility of fuel prices, declines in the securities and real estate markets, and perceptions of these conditions that decrease the level of disposable income of consumers or consumer confidence; adverse events impacting the security of travel, such as terrorist acts, armed conflict and threats thereof, acts of piracy, and other international events; the risks and increased costs associated with operating internationally; our expansion into and investments in new markets; breaches in data security or other disturbances to our information technology and other networks; the spread of epidemics and viral outbreaks; adverse incidents involving cruise ships; changes in fuel prices and / or other cruise operating costs; any impairment of our tradenames or goodwill; our hedging strategies; our inability to obtain adequate insurance coverage; our substantial indebtedness, including the ability to raise additional capital to fund our operations, and to generate the necessary amount of cash to service our existing debt; restrictions in the agreements governing our indebtedness that limit our flexibility in operating our business; the significant portion of our assets pledged as collateral under our existing debt agreements and the ability of our creditors to accelerate the repayment of our indebtedness; volatility and disruptions in the global credit and financial markets, which may adversely affect our ability to borrow and could increase our counterparty credit risks, including those under our credit facilities, derivatives, contingent obligations, insurance contracts and new ship progress payment guarantees; fluctuations in foreign currency exchange rates; overcapacity in key markets or globally; our inability to recruit or retain qualified personnel or the loss of key personnel; future changes relating to how external distribution channels sell and market our cruises; our reliance on third parties to provide hotel management services to certain ships and certain other services; delays in our shipbuilding program and ship repairs, maintenance and refurbishments; future increases in the price of, or major changes or reduction in, commercial airline services; seasonal variations in passenger fare rates and occupancy levels at different times of the year; our ability to keep pace with developments in technology; amendments to our collective bargaining agreements for crew members and other employee relation issues; the continued availability of attractive port destinations; pending or threatened litigation, investigations and enforcement actions; changes involving the tax and environmental regulatory regimes in which we operate; and other factors set forth under «Risk Factors» in our most recently filed Annual Report on Form 10 - K and subsequent filings by the Company with the Securities and Exchange Commission.

Labour's Commons motion on whether Jeremy Hunt should be investigated for breaching the Ministerial Code in his handling of the BSkyB bid has been rejected - the Government won the vote of confidence in Hunt by 290 to 252.

If (s) he can not form a government that commands the confidence of the House then it is expected that (s) he will resign that commission voluntarily — it is not considered acceptable for the Sovereign (or her representative) to revoke said commission unless the prime minister was acting in serious breach of constitutional protocol.

Commitment to a «light touch» regime would give clubs confidence that they would not lose their CASC registration for a minor breach of these complex rules.

While those levels of fines will be only for the most serious of breaches, brand damage and loss of confidence from clients can have equally damaging results.

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.

The Plaintiffclaims as against the Defendant, Arthur Hamilton («Hamilton»), for conspiracy, defamation, breach of fiduciary duty, breach of duty of good faith, breach of confidence, and negligence.

Dar Al Arkan v Al Refai (with David Foxton QC and Stephen Houseman QC): claims for conspiracy and breach of confidence seeking damages of up to US$ 1 billion arising from the publication on a website of serious allegations of banking and accountancy fraud.

The Plaintiff claims as against the Defendant, Cassels Brock & Blackwell LLP («Cassels Brock»), for conspiracy, defamation, breach of fiduciary duty, breach of duty of good faith, breach of confidence, and negligence...

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).

For instance, employees may rely upon historical «complaints» as contributing to a cumulative breach of trust and confidence, notwithstanding that the employer may have considered the complaints to have been addressed or even forgotten.

He sought to recover damages for breach of the implied term of trust and confidence.

The implied term of trust and confidence may be breached if an employer misleads an employee about the reason for their dismissal.

Advising in relation to claims of breach of confidence concerning land purchase and development opportunities for a nationwide supermarket chain.

Claims for threatened breaches of confidence and fiduciary duty by a senior employee and an injunction to restrain a conflict of interest in a US$ 15 million contract.

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).

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.

Acting for a group of employees who set up a competing business in claims for injunctive relief, delivery up, springboard relief, breach of confidence and damages.

Acting for one of the largest property development companies in the Middle East and a Bahraini investment bank in a $ 1 billion High Court action involving allegations of conspiracy and breach of confidence

June 24, 2016 The Federal Court of Appeal releases its reasons for judgment allowing the Government of Canada's appeal of the July 27, 2015 certification in part, but upholding the July 27, 2015 certification order in respect of the causes of action for negligence and breach of confidence.

Acting for a claimant in a copyright and breach of confidence action relating to cocoa crop forecast reports.

His recent work includes successfully securing urgent access to land to carry out a survey of machinery due to be dismantled, advising a public body in relation to a high value dispute with a joint venture private sector partner, and acting for the claimant in an ongoing multi-million pound breach of confidence claim.

David has acted for clients in a wide range of disputes, including shareholder and partnership disputes, securities litigation, class action defence, proceedings under the Competition Act, employment law disputes, contract disputes, breach of confidence / intellectual property disputes, fidelity bond claims, and professional negligence claims.

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

John initiated claims in misuse of private information, breach of confidence and defamation (in addition to claims for data protection breaches and conspiracy to cause loss by unlawful means).

Advising a FTSE 100 subsidiary in respect of a significant dispute with a major competitor for copyright infringement and breach of confidence

Ewing v Times Newspapers 2010 S.L.T. 1093: resistance to appeal against finding of caution in claim for defamation and breach of confidence raised by a pursuer who had been declared vexatious in England and Wales.

She has particular experience in advising on contractual disputes, claims for urgent injunctions (including in relation to breach of restrictive covenants and breach of confidence), disputes between shareholders, contentious trust issues, debt recovery, claims for professional negligence and fraud.

In Eastwood v Magnox Electric plc [2004] UKHL 35, [2004] 3 All ER 991, the House of Lords seized upon the opportunity to recognise the validity of a claim for stress - related injury alleged to have been caused by a campaign on the part of an employer to demoralise the claimants before dismissing them in breach of duty of trust and confidence.

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!

Claims for threatened breaches of confidence and fiduciary duty by a senior employee and an injunction to restrain a conflict of interest in a US$ 15 - million contract.

As a result there was no basis to not include the claims for negligence and breach of confidence as part of the class proceeding.

The Federal Court of Appeal has sent the matter back to the trial level for determination, including the claims for negligence and breach of confidence and to determine the common questions in the class proceeding in relation to those claims.

Finally, the appellant argued that she could recover damages for the Trust's breach of contract comprising its breach of confidence and trust by inducing her to sign the agreement by misleading her into a belief that the agreement had all necessary approvals from the Department of Health, the auditors and the Strategic Health Authority.

For good measure, Laws LJ added that, if wrong on this, he would have found for the claimant on her secondary claim of unjust enrichment by the trust and, although expressing no firm conclusion, seemed to give a favourable view to a possible third ground of breach of trust and confidence by the trust in assuring the claimant that the payment she was agreeing to had been lawfully determinFor good measure, Laws LJ added that, if wrong on this, he would have found for the claimant on her secondary claim of unjust enrichment by the trust and, although expressing no firm conclusion, seemed to give a favourable view to a possible third ground of breach of trust and confidence by the trust in assuring the claimant that the payment she was agreeing to had been lawfully determinfor the claimant on her secondary claim of unjust enrichment by the trust and, although expressing no firm conclusion, seemed to give a favourable view to a possible third ground of breach of trust and confidence by the trust in assuring the claimant that the payment she was agreeing to had been lawfully determined.

For section 41 to apply: (i) the information must be confidential; (ii) the information must be obtained by the public authority from any other person; and (iii) disclosure of the information by the public authority must constitute an actionable breach of confidence.