Protected Disclosure in UK Law

Leading Cases
  • Kuzel v Roche Products Ltd
    • Court of Appeal (Civil Division)
    • 17 Abril 2008

    Unfair dismissal and discrimination on specific prohibited grounds are, however, different causes of action. The statutory structure of the unfair dismissal legislation is so different from that of the discrimination legislation that an attempt at cross fertilisation or legal transplants runs a risk of complicating rather than clarifying the legal concepts.

  • Norwich Pharmacal Company v Commissioners of Customs and Excise
    • House of Lords
    • 26 Junio 1973

    They seem to me to point to a very reasonable principle that if through no fault of his own a person gets mixed up in the tortious acts of others so as to facilitate their wrong-doing he may incur no personal liability but he comes under a duty to assist the person who has been wronged by giving him full information and disclosing the identity of the wrongdoers.

  • Attorney General v Guardian Newspapers Ltd and Others (No. 2)
    • House of Lords
    • 13 Octubre 1988

    It is that, although the basis of the law's protection of confidence is that there is a public interest that confidences should be preserved and protected by the law, nevertheless that public interest may be outweighed by some other countervailing public interest which favours disclosure.

  • Balabel v Air India
    • Court of Appeal (Civil Division)
    • 16 Marzo 1988

    Where information is passed by the solicitor or client to the other as part of the continuum aimed at keeping both informed so that advice may be sought and given as required, privilege will attach. Moreover, legal advice is not confined to telling the client the law; it must include advice as to what should prudently and sensibly be done in the relevant legal context.

  • Minter v Priest
    • House of Lords
    • 20 Marzo 1930

    I think it is best expressed in two phrases used in the Court of Appeal in the leading case of O'Shea v. Wood, 1891, P. 286. Lindley L.J., at p. 289, adopts the language of Cotton L.J. in Gardner v. Irvin, 4 Ex. D. 49 (1879), "professional communications of a confidential character for the purpose of getting legal advice."

  • Karen Kilraine v London Borough of Wandsworth
    • Court of Appeal (Civil Division)
    • 21 Junio 2018

    In order for a statement or disclosure to be a qualifying disclosure according to this language, it has to have a sufficient factual content and specificity such as is capable of tending to show one of the matters listed in subsection (1). The statements in the solicitors' letter in Cavendish Munro did not meet that standard.

  • Babula v Waltham Forest College
    • Court of Appeal (Civil Division)
    • 07 Marzo 2007

    An Employment Tribunal hearing a claim for automatic unfair dismissal has to make three key findings. The first is whether or not the employee believes that the information he is disclosing meets the criteria set out in one or more of the subsections in ERA 1996, section 43B(1)(a) to (f). The second is to decide, objectively, whether or not that belief is reasonable. The third is to decide whether or not the disclosure is made in good faith.

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Legislation
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Books & Journal Articles
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Law Firm Commentaries
Forms
  • Chapter IDG30250
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    .... . . All disclosures of HMRC information must be lawful in accordance with the provisions of ...The Act provides that you must not disclose any ‘protected information’ regarding trans-gender customers to a third party unless ......
  • Chapter INTM422070
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ......, in the course of reaching agreement on bilateral APAs—is also protected from disclosure by the terms of the Exchange of Information Article in the ......
  • Chapter NMWM16510
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ...... Is verifying information that someone already holds a disclosure. Although someone may already hold information, if they ask HM Revenue & ... & Customs is still making a disclosure of information that is protected by HM Revenue & Customs duty of confidentiality. This means you should not ......
  • Make a claim with others to an employment tribunal
    • Court and tribunal forms
    Includes the refund form for claimants.
    ......Page 8. 10 Information to regulators in protected disclosure cases. 10.1 If your claim consists of, or includes, a claim ......
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