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Coco v. A. N. Clark (Engineers) Ltd[1969] R.P.C

Coco v. A. N. Clark (Engineers) Ltd[1969] R.P.C


Citation:Coco v. A. N. Clark (Engineers) Ltd[1969] R.P.C

Link to case on WorldLII (reference).

Rule of thumb: How do you raise a breach of privacy action? It is a 2 part, (i) was the information either confidential by its nature or was an obligation of confidentiality agreed, and, if so, (ii) was the use of the information unauthorised.

Judgment:

"In my judgment three elements are normally required if, apart from contract, a case of breach of confidence is to succeed. First, the information itself, in the words of Lord Greene M.R.... must 'have the necessary quality of confidence about it.' Secondly, that information must have been imparted in circumstances importing an obligation of confidence. Thirdly, there must be an unauthorised use of that information to the detriment of the party communicating it’, Megarry J at 47

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Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.