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Words: | Submitted: Mon Jun 19 2006
... information. Information that has been disclosed anywhere in the world, unless it was disclosed under conditions (usually a contract) of confidence, cannot subsequently be prevented from disclosure by the courts'. The most appropriate remedy for breach of confidence is an injunction, preventing the information in question from being placed into the public domain. In order for such an injunction to be granted, the court must be satisfied that the claim would be successful at trial and that the freedom of expression of the defendant (usually the media) is not unduly restricted. The law in relation to breach of confidence has been greatly affected by the introduction of the Human Rights Act 1998, implemented on the 2nd October 2000. Specifically, Article 8, the right to privacy and Article 10, freedom of expression have affected the common law surrounding breach of confidence. There has been a great deal of case law since ...
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