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01 June 2018 / Dr Chris Pamplin
Issue: 7795 / Categories: Features , Expert Witness , Profession
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Confidentiality too far?

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Chris Pamplin considers the question of expert confidentiality & trade secrets

  • An illustration of the heavy weight of confidentiality that experts often carry, particularly in cases involving subject matter of a commercially sensitive nature.

When litigation involves sensitive commercial information it poses particular problems with expert confidentiality. On occasion, the court and parties might consider that the expert’s standard obligations and duties are insufficient.

Such a situation may arise in cases dealing with experimental processes and patents, particularly the experiments carried out in the ‘work-up’ to the final outcome.

In Mayne Pharma Limited & Another v Debiopharm SA & Another [2006] EWHC 164 (Pat), the claimants sought to invalidate four patents relating to a drug used in the treatment of colorectal cancer. The claimants alleged that one of the patents (which defined a method of preparing the compound under conditions within a specified pH range) was anticipated by a piece of prior art. The claimants filed a notice of the prior art and a notice of experiments they themselves had carried

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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