He has particular experience
in breach of confidence and privacy claims involving the common law tort of misuse of private information and / or the European Convention on Human Rights, both as standalone claims and where an information law issue arises as part of a wider dispute.
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!
In extreme cases, the employee may engage
in a breach of confidence, sabotage, or theft of trade secrets by the employee.
The claimants contended that Dr Cave's communications with the public and with their employees were defamatory, and
in breach of confidence, and that they were thereby entitled to stop him, before any trial, by relying on the statutory tort of harassment.
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.
And as Butterworth tweeted to his followers: «If u get excited by unreviewed results leaked
in breach of confidence you'll have a distracting few months.»
Not exact matches
From Enron,
in the past, to Volkswagen, more recently, there's this regular lineup
of breaches of trust and
confidence.
Since the leak, huge holes
in the business have become apparentm, and the confidentiality and
confidence of its (understandably secretive) users has been
breached.
Illegal insider trading is, roughly, trading on material nonpublic information that is disclosed to you «
in breach of a fiduciary duty or other relationship
of trust and
confidence.»
Illegal insider trading generally refers to insider buying or selling a security,
in breach of a fiduciary duty or other relationship
of trust and
confidence, while
in possession
of material, nonpublic information about the security.
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.
When the story was made public
in November, the school postponed the pre-scheduled disciplinary hearing, and initiated further investigations against Sutcliffe, alleging
breach of confidence and bringing the school into disrepute.
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.
«I firmly believe that I have not
breached the MPs» code
of conduct
in any respect and therefore await the outcome
of the commissioner's investigation with
confidence,» he said.
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.
But now Judge Denise Cote is alleging those complaints were part
of a campaign to undermine public
confidence in the deal and it constituted a
breach of the agreement.
As indicated earlier, the threats are real and a number
of very high profile data
breaches have caused dramatic drops not only
in stock value but also
in the
confidence that clients and the public
in general have
in very well known business organizations.
Illegal insider trading refers generally to buying or selling a security,
in breach of a fiduciary duty or other relationship
of trust and
confidence, while
in possession
of material, nonpublic information about the security.
The SEC defines illegal insider trading as: -LSB-...] buying or selling a security,
in breach of a fiduciary duty or other relationship
of trust and
confidence, while
in possession
of material,...
x) information or material which you have submitted to TravelGround.com which is
in violation
of any law or
in breach of any third party's rights (including, but not limited to, defamation, invasion
of privacy,
breach of confidence or infringement
of copyright or any other intellectual property rights).
In the
breach, a widely accepted, but «uncomfortable» paradigm has developed, among both scientists and policy makers, to tentatively rely on the collective intuitions and
confidence of those «expert peers» who are judged to be most familiar with the data sets and with the relevance
of that data to related physical models.
She was later sent a letter from the club management reading: «Your actions can be considered to be theft
in circumstances where you do not have permission to take Club food from the premises, and therefore a
breach of your contract
of employment... The gravity
of your misconduct is such that the club believes the trust and
confidence placed
in you as its employee has been completely undermined...»
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).
As we have seen from the media attention it has garnered
in recent months, data
breaches in the computer systems
of a number
of high profile companies and government agencies has resulted
in financial losses, a lack
of public trust and
confidence and damage to their brands.
In employment law the employer must not breach its duty of «trust and confidence» and in pensions law the employer has a «duty of good faith» not to destroy or seriously damage the relationship of trust and confidenc
In employment law the employer must not
breach its duty
of «trust and
confidence» and
in pensions law the employer has a «duty of good faith» not to destroy or seriously damage the relationship of trust and confidenc
in pensions law the employer has a «duty
of good faith» not to destroy or seriously damage the relationship
of trust and
confidence.
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.
The High Court decided IBM's pension rearrangements were invalid and
in breach of the duties
of trust and
confidence and the duty
of good faith: IBM had led its employees to expect there would not be further pension changes and could not go back on this unless it could show it was «necessary» to do so.
To protect the integrity and repute
of the administration
of justice, disqualification may be needed to send a message that the courts do not condone the disloyal conduct involved
in the law firm's
breach, thereby protecting public
confidence in lawyers and deterring other law firms from similar practices.
Advising
in relation to claims
of breach of confidence concerning land purchase and development opportunities for a nationwide supermarket chain.
Sole arbitrator
in an LCIA arbitration
in respect
of an alleged
breach of commercial
confidence.
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.
Such arguments might be based on the implied duty
of trust and
confidence, with the employees arguing that proceeding with disciplinary action
in the particular circumstances would
breach the duty.
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.
Miller goes on to add some other activities which,
in his view, constitute criminal contempt: obstructing persons officially connected with the court or its process, interference with persons under the special protective jurisdiction
of the court,
breach of duty by persons officially connected with the court or its process, forging, altering or abusing the process
of the court, divulging the
confidences of the jury room, preventing access by the public to courts
of law, service
of process
in the precinct
of the court, and disclosing the identity
of witnesses.
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).
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.
His lordship further held that exemplary damages should be disallowed
in the context
of a claim founded on privacy and / or
breach of confidence.
Hanna is a well - known specialist
in defamation, privacy and
breach of confidence, with a wealth
of expertise
in reputation and crisis management.
She has extensive expertise
in team move cases and claims
of breach of confidence and
breach of contract.
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.
I specialise
in reputation management claims (including defamation, harassment and privacy claims) and intellectual property disputes (including trade mark, copyright and design right infringement claims,
breach of confidence claims and domain name disputes).
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.
●
In addition to the «safety angle», employees are now considering claiming that the employer's actions, resulting in psychological injury, have breached the implied term in their employment contracts of mutual trust and confidenc
In addition to the «safety angle», employees are now considering claiming that the employer's actions, resulting
in psychological injury, have breached the implied term in their employment contracts of mutual trust and confidenc
in psychological injury, have
breached the implied term
in their employment contracts of mutual trust and confidenc
in their employment contracts
of mutual trust and
confidence.
«Data
breaches affect consumer
confidence in the new economy,» said John Lawford, PIAC legal counsel and co-author
of the report.
In finding this conduct to be tortious the court concluded that the torts
of Breach of Confidence, Intentional Infliction
of Mental Distress and Invasion
of Privacy were all made out by such behavior.
[
In our] view, the seriousness of the Charter breach and the impact of the police conduct on Mr. Taylor's interests are such that the admission of the evidence would so impair public confidence in the administration of justice as to warrant the exclusion of the evidenc
In our] view, the seriousness
of the Charter
breach and the impact
of the police conduct on Mr. Taylor's interests are such that the admission
of the evidence would so impair public
confidence in the administration of justice as to warrant the exclusion of the evidenc
in the administration
of justice as to warrant the exclusion
of the evidence.
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.