header-logo header-logo

Home Login E-newsletter About us
11 November 2010 / Sharon Mitchell
Issue: 7441 / Categories: Features , LexisPSL
printer mail-detail

Either side of the fence

© Copyright LexisNexis 2026. All Rights Reserved.

Confidentiality obligations in contracts—a right to keep secret or a right to know, asks Sharon Mitchell

Is it worth bothering to draft a contractual obligation of confidentiality when equity will offer protection and legislation will limit protection?

Contractual obligations of confidentiality may not be as straightforward as they seem. The recent cases of R(on the application of Veolia ES Nottinghamshire Ltd) v Nottinghamshire County council [2010] All ER (D) 01 (Veolia) in the public law sector, and BBC v Harper Collins [2010] EWHC 2424 Ch D in private commercial relations, have illustrated the truth of this statement. Legislation also impinges on the operation of contractual and equitable confidentiality obligations; for example, s 77 of the Equality Act 2010 and the overarching influence of the European Convention on Human Rights (the Convention).

BBC confidential

In BBC v Harper Collins, the BBC sought an interim injunction to prevent a breach of confidentiality by the publication of the autobiography of Mr Ben Collins, which divulged his identity as “The Stig”, the mystery racing driver in

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Read All
Sponsored by
London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Read All
NLJ this week: Divorce ‘nuclear weapon’ freezes assets but entangles outsiders
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
NLJ this week: What counts as ‘rent’? Court says labour alone won’t do
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Your magistrates’ court needs you!
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
NLJ this week: Freed but failed—justice system leaves the innocent empty-handed
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
NLJ this week: Clarity on whistleblowing, settlements and tribunal limits
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Copyright © 2026 LexisNexis
back-to-top-scroll