Confidentiality

We advise organisations and individuals when their privacy or confidential information is at risk of being revealed, either in the press or to a competitor, when immediate legal advice and representation will make the difference.

This includes obtaining super injunctions on behalf of footballers, entertainers, musicians, sportsmen and high profile businesspeople to prevent publication of highly confidential or private information.

We also represent victims of breaches of confidence, leading action to compensate for loss suffered.

Your Questions Answered:

Can I prevent someone from breaching confidentiality?

If you have prior notice of a potential breach of confidence or invasion of privacy, we might be able to obtain an injunction from the court for you to prevent it. 

We are very experienced in blocking publication of personal and commercially sensitive information on behalf of clients, and can advise on the most appropriate course of action.  We have handled cases against every national newspaper and have an excellent track record of stopping private and confidential stories from being published in print or online.

How long do I have to make a claim for breach of confidence?

You have six years from the date of breach to bring court proceedings for damages for breach of confidentiality but most often you will seek an injunction to restrain it first or to force removal of online content already posted.

Do I have a claim for breach of confidentiality?

To pursue a claim for breach of confidentiality, you must prove:

• Somebody knows something about you which a court could consider confidential.
• They have some sort of moral, or legal duty of confidence to you, and

You do not consent to the information being given to any third party or published /released.

Is there a defence to a claim for breach of confidentiality?

A claim for breach of confidentiality can sometimes be defended by establishing:

• The information is already in the public domain – though this is not always a bar to bringing a claim.
• Further publication would not be damaging
• That there is a public interest in disclosing the information even if it is confidential

Whistleblowing is an example where a defence may apply. We led the successful defence of one of the UK’s leading libel cases concerning a whistleblower: Bode v Mundell [2016] EWHC 2533 (QB)

What compensation can I expect to recover?

If your claim is successful, you can expect to be awarded compensation and an injunction to restrain future dissemination of confidential information.  If you win, legal costs are usually recoverable from the other party.