Toulson & Phipps on Confidentiality

Confidentiality is a complex subject. In the Fourth edition of Toulson & Phipps on Confidentiality, Charles Phipps along with new editors William Harman and Simon Teasdale provides a comprehensive and authoritative combination of reference, analysis and procedure in relation to confidentiality across all relevant areas of law.

As a (very) small selection, the cases decided since the last edition include:

• Saab v Dangate Consulting Ltd [2019] EWHC 1558 (Comm); [2019] P.N.L.R. 29, in which Cockerill J conducted a detailed analysis of several aspects of the public interest defence;
• Richard v British Broadcasting Corporation [2018] EWHC 1837 (Ch); [2019] Ch. 169, in which Mann J held that a suspect had a reasonable expectation of privacy in relation to a police investigation;
• Cape Intermediate Holdings Ltd v Dring [2019] UKSC 38, which is now the leading case on access to court records; and
• R (Bridges) v Chief Constable of South Wales [2019] EWHC 2341 (Admin), in which the Court of Appeal held that data would fall within the scope of the data protection regime if it identified someone by a process of “individuation” (notwithstanding their continued anonymity).
• ABC v Telegraph Media Group Ltd [2018] EWCA Civ 2329, in which the Court of Appeal upheld “the important legitimate role played by non-disclosure agreements in the consensual settlement of disputes”;

Key Features:

• Provides comprehensive guidance on the law of confidentiality.
• Sets out the principles and foundations underlying the law of confidence, identifying the essential elements of the equitable cause of action.
• Considers the widely varying circumstances in which duties of confidentiality may arise.
• Analyses the nature of confidential information, distinguishing what can and what can’t be protected.
• Discusses what counts as misuse of confidential information, and the different ways in which the unauthorised use of confidential information may be justified.
• Examines the remedies which may be available for breach of confidence – both before and after the event.
• Considers in detail the impact of privacy rights and the new tort of misuse of private information.
• Summarises both the data protection and the freedom of information regimes, reviewing the principal case-law.
• Examines the confidentiality issues that arise in a variety of professional and other relationships, including medical advisers, bankers, broadcasters and journalists, teachers, clergy, counsellors , mediators, employers & employees, police, and lawyers.
• Illustrates how confidentiality operates within the legal process, with guidance on legal professional privilege, the without prejudice rule, and public interest immunity, as well as other forms of protection which are available to litigants. 
• Considers, in particular, how children’s confidentiality in the legal process is maintained.
• Analyses the law of arbitral confidentiality.
• Takes into account judicial decisions in other common law jurisdictions including, in particular, Canada, Australia and New Zealand.
• Includes up-to-date case law which can be cited in court.

CLEAR. CLEVER. CONCISE

This title is also available on Westlaw UK, so that you can access it anywhere, anytime.

Having online access to the books you trust through Westlaw UK can add a whole new dimension to how you work with the commentary and guidance found across the breadth of our titles.

Westlaw UK's smart navigation, links to primary law in combination with the expertise within our portfolio of books providing you with a seamless, coherent, and integrated research experience every time you need to refer to the text.

Having access to your book through Westlaw means:

Enhanced contents pages

• Find what you’re looking for with ease, with content displayed clearly in easy-to-read tables
• Print, download or email entire chapters or sections using tick boxes by content sets
• Choose the way you view content sets with collapsible and expandable sections

Firm-wide availability

• Everyone has access, at all times

Links to primary law

• Jump directly to the authority you need with links to cases, legislation and journals

You can print/download/email

• Print, download and email your documents quickly, for use offline or to share with colleague

Access chapter PDFs

• Download chapters as they appear in print, ready for presentation in court

Supplement PDFs

• Download whole supplements to a main edition in PDF, ready for court

PDF supplement navigation

• Browse PDFs with ease using navigational aids and links within the document

A-Z indexing

• Browse directly to the letter you wish to search, without having to navigate long documents

Tables

• View tables of cases and legislation referred to it the text sorted alphabetically, and link directly to them

Pop-up footnotes

• View footnotes alongside the text and avoid the need to refer to the end of documents

Call 0345 600 9355 or contact us to find out more.