Source: All England Reporter
Publisher Citation: [2012] All ER (D) 149 (May)
Neutral Citation: [2012] EWHC 1323 (Ch)
Court: Chancery Division
Judge:

Charles Hollander QC (sitting as a deputy judge of the High Court)
Representation Martin Hutchings QC (instructed by IBB Legal) for the claimant.
  Jamie Smith (instructed by Mayer Brown) for the defendant.
Judgment Dates: 18 May 2012

Catchwords

Confidential information - Disclosure - Prevention of disclosure - Claimant seeking finance for purchase and development of site - Defendant identifying third party funder - Claimant and defendant entering deed providing for non-circumvention and confidentiality of information - Deed defining parties as including introduced parties - Claimant and defendant providing information to third party in belief bound by deed - Third party making rival bid - Claimant not being selected as preferred bidder - Claimant commencing proceedings for breach of deed - Whether third party being covered by non-circumvention clause - Whether third party being covered by confidential information clause - Whether defendant being responsible for all disclosures by third party - Whether defendant being liable for third party's circumvention under party definition clause.

The Case

Confidential information Disclosure. The Chancery Division held that, under a deed between the parties, the defendant was responsible for the unauthorised disclosure of information disclosed by it to a third party under a confidential information clause, but not for a non-contravention clause.

Practice Areas

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