Content outline

• History of and basis for the cause of action of breach of confidence
• The essential elements of the cause of action
  • Stage one: The information must be confidential
  • Stage two: The information must have been communicated in circumstances importing an obligation of confidence
  • Stage three: There must be threatened or actual unauthorised use of the information
  • Stage four: Defences
• Remedies
• The tort of breach of privacy
• Statutory regimes and confidential information 
• Confidentiality in litigation and arbitration proceedings
• Confidentiality agreements