Equitable Confidentiality

Front 1

Abernathy v Hutchinson (roots of equitable confidentiality)

Back 1

Essentially an intellectual property case. Famous surgeon had his lectures published without his permission. Alleged breach of property right in the lectures but it was difficult to establish a property right as it was not clear the plaintiff had ever written his lectures down

Front 2

Prince Albert v Strange (roots of equitable confidentiality)

Back 2

Albert and Victoria produced etching. They sent them off to a printer for copies but he kept some of them behind with the intention of publishing them. An application was made to the court to restrain publication. Relevant material had been improperly obtained. A privacy right had been invaded

Front 3

Coco v AN Clark (modern confidentiality takes shape)

Back 3

Case involving commercial confidence. Action for breach of confidence said to require the fulfilment of 3 elements:

information must have the necessary quality of confidence about it

the information must have been imparted in circumstances importing an obligation of confidence

there must be unauthorised use of the information to C's detriment

Front 4

Stephens v Avery (breach of confidence and unconscionability)

Back 4

This case is more about privacy rather than confidence but it was pleaded through the confidence doctrine. C confined in D that she was a lesbian. D told others about this and the fact was also going to be published. Application was brought to prevent further disclosure. There had been an express request from C to D not to tell anyone. Unconscionability was identified as the grounds for equitable intervention to protect confidentiality. Unauthorised and detrimental use of the information.

'Although the relationship between the parties is often important it is not the determining factor. It is the acceptance of the information on the basis that it will be kept secret that affects the conscience of the recipient of the information