Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 03 APRIL 2017

Breach Of Confidentiality – There Is No ‘Off-The-Record'!

Arthur Cox
Explore more from Arthur Cox

The UK Supreme Court has found that a public body, HM Revenue & Customs ("HMRC"), breached its duty of confidentiality to a taxpayer after a senior official disclosed confidential information to journalists...

IrelandLitigation, Mediation & Arbitration
Joanelle O’Cleirigh
Joanelle O’Cleirigh
Colin Rooney
Colin Rooney
Author LinkedIn connections

The UK Supreme Court has found that a public body, HM Revenue & Customs ("HMRC"), breached its duty of confidentiality to a taxpayer after a senior official disclosed confidential information to journalists which was later published in a national newspaper (R (on the application of Ingenious Media Holdings plc and another) v Commissioners for Her Majesty's Revenue and Customs [2016] UKSC 54).

The decision offers valuable guidance for organisations in respect of the duty of confidentiality owed to third parties. Though not binding on the Irish courts, this decision may be of persuasive authority and organisations involved in the handling of client / third party information should take note.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

New High Court Practice Direction On The Responsible Use Of GenAI In Court Documents

The High Court has issued a new Practice Direction governing the use of generative AI in litigation, establishing mandatory disclosure requirements for affidavits, witness statements and expert reports. Legal practitioners must now ensure all AI-generated content is verified, accurate and compliant with professional obligations, with significant sanctions for non-compliance including costs orders and potential referral to regulatory authorities.
IrelandLitigation, Mediation & Arbitration
Arthur Cox
Arthur Cox
Article

Raising The Bar: Irish Supreme Court Confirms “strong Case” Test For Pre-trial Stays Of Regulatory Decisions

Ireland's Supreme Court has established a significantly higher threshold for obtaining interim stays on regulatory decisions that affect broad public interests. Companies challenging decisions by bodies like the Data Protection Commission must now demonstrate a "strong case" likely to succeed at trial, rather than merely an "arguable case," before courts will even consider granting temporary relief.
IrelandLitigation, Mediation & Arbitration
Matheson
Matheson
Article

Gatekeeping Justice: What 153 Supreme Court Determinations In 2025 Tell Us About Likely Trends For 2026

This article examines the Supreme Court's evolving role following Ireland's 2014 constitutional amendment, analyzing how the establishment of the Court of Appeal transformed the Supreme Court into a specialized tribunal for cases of exceptional public importance. Through a comprehensive review of 153 determinations made in 2025, the analysis explores the criteria for securing leave to appeal and identifies emerging trends in the application of the "Karshan factor" for leapfrog appeals.
IrelandLitigation, Mediation & Arbitration
McCann FitzGerald LLP
McCann FitzGerald LLP
Article

High Court Upholds Letters Rogatory Despite Non-disclosure At Ex Parte Stage

The Irish High Court has clarified the standards for material non-disclosure in ex parte Letters Rogatory applications, examining when procedural omissions warrant setting aside judicial assistance orders. This decision explores the balance between full disclosure obligations and the court's discretion to maintain orders where non-disclosure was inadvertent and no prejudice resulted.
GlobalLitigation, Mediation & Arbitration
Arthur Cox
Arthur Cox
Article

Representative Actions In Ireland: New Rules, First Judgment

Ireland's new High Court rules establish a clear procedural framework for representative consumer actions, while the landmark ICCL v Microsoft case clarifies key questions about admissibility requirements and the burden of proof under GDPR. These developments provide businesses and qualified entities with greater certainty about how collective redress claims will be conducted, though significant cost barriers remain despite the new court fee exemption.
IrelandLitigation, Mediation & Arbitration
Arthur Cox
Arthur Cox