Category: Confidentiality

employer employee restrictive covenant employment dispute breach of contract litigation tribunal high court

Non-compete in employment contract held to be unreasonable and void

The coronavirus pandemic has led to many individuals losing their jobs due to redundancies and employees may wonder where they stand in relation to any restrictive covenants in their contracts. The case of Quilter Private Client Advisers v Falconer discusses the factors to be taken into account when seeking to enforce a restrictive covenant, which in this case was a 9 month non compete, which was found to be void and unenforceable.

Post date 6 January 2021
Post author By Sophia Hanif
Post categories In Advice for Employers, Breach of Contract, Civil Litigation, Confidentiality, COVID-19, Employment Law, High Court
Tags Breach of contract, employee breach, employment contract, employment dispute, Employment Solicitors, non-compete, restrictive covenant

confidentiality litigation advice privilege

High Court: Accountant’s report can be disclosed in litigation

For privilege to apply, there must be a lawyer (i.e. a solicitor or barrister) in the communication for legal advice privilege to apply. Legal advice privilege does NOT extend to other professionals such as accountants. Therefore, in disputes with HMRC for example, (potentially incriminating) communications with an accountant can be disclosed and are not privileged.

Post date 16 October 2020
Post author By Jaron Dosanjh
Post categories In Civil Litigation, Confidentiality, Disclosure, High Court, HMRC, Litigation, Litigation privilege, News, Taxation
Tags Accountants, Confidential communications, Confidentiality, Legal Advice Privilege, Litigation Privilege, Tax Disputes

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Litigation: Can Recorded Conversations be used as evidence in Court?

Conversations can easily be recorded by everyday devices, but can those recordings be deployed in litigation before the UK courts?

Post date 14 April 2020
Post author By Jaron Dosanjh
Post categories In Advice for Employers, Civil Litigation, Confidentiality, Disclosure, Intellectual Property, Litigation, Media, News, Pre-action Protocol
Tags Admissible evidence, Confidentiality, Disclosure, Evidence, UK Litigation

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Is an email confidential if I copy in a lawyer? Court of Appeal clarifies the scope of legal advice privilege

The Court of Appeal handed down a significant decision on 28 January 2020 in Civil Aviation Authority v R (on behalf of the application of Jet2.com Ltd) [2020]…

Post date 13 February 2020
Post author By Jaron Dosanjh
Post categories In Civil Litigation, Confidentiality, Court of Appeal, Disclosure, Judicial Review, Litigation, Media, Pre-action Protocol
Tags CAA v Jet2, Confidential communications, Emails with a Lawyer

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Non-compete in employment contract held to be unreasonable and void

High Court: Accountant’s report can be disclosed in litigation

Litigation: Can Recorded Conversations be used as evidence in Court?

Is an email confidential if I copy in a lawyer? Court of Appeal clarifies the scope of legal advice privilege

Quick Guide: s.994 Companies Act Unfair Prejudice Petitions

Challenging Possession of Property by Fixed Charge LPA Receivers

Short Guide: ‘Hidden’ or ‘Embedded’ Swaps

Court of Appeal Decides s.994 Petitions Subject to Statutory Limitation Period