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09 February 2012
Issue: 7500 / Categories: Case law , Law digest , In Court
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Confidential information

Coogan v News Group Newspapers Ltd and another; Phillips v News Group Newspapers Ltd and another [2012] EWCA Civ 48, [2012] All ER (D) 12 (Feb)

Technical or commercial information meant confidential information which was technical or commercial in character. In order to be protected in law, and to be characterised as intellectual property, information had to be confidential or had to have the necessary quality of confidence about it. As a matter of ordinary language, “commercial information” meant information which was commercial in character, rather than information which, whatever its nature, might have had a value to someone. While the prevailing current view was that confidential information was not strictly property, it was not inappropriate to include it as an aspect of intellectual property.

Accordingly, unless there was binding authority to the contrary, given the normal meaning of “commercial information”, the draftsman of s 72 of the Senior Courts Act 1981 had intended that confidential information of a commercial nature would be included within the definition of intellectual property. As a matter of both principle and practice,

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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