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Confidentiality and trade secrets Chinese walls: more decisions
Since the House of Lords decision in Prince Jefri v. KPMG there have been three further decisions in which the courts have considered the efficacy of Chinese walls. In one, Young & Others v. Robson Rhodes (30.3.99), the judge was prepared to allow an ad hoc Chinese wall, subject to various conditions. In the second, Re a firm of solicitors (16.7.99), the judge held that solicitors had not taken sufficient steps to protect confidential information.
The third, Re a firm of solicitors (19.10.99), reflects an attempt by the court to uphold the effectiveness of a Chinese wall while at the same time being seen to comply with the strict test laid down by the House of Lords in Prince Jefri. The fact that in the last of these the court was prepared to take into account the character of the confidential information (i.e. whether it can be identified with sufficient particularity) at least raises a hurdle in the way of those seeking to challenge a Chinese wall.
"JTW News"
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Relevant material Privacy law Intellectual propety - industry - confidentiality - know how - Plastics industry Confidential information - termination of employment - information acquired used to establish new business - absence of post termination restraint clause Confidentiality and trade secrets Keep your secrets safe from thieves |
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