• Welcome to the LegalBeagles Consumer and Legal Forum. Please register to get the most out of the forum. Registration is free and only needs a username and email address.
  • LegalBeaglesģ is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

    Please do not post your full name, reference numbers or any identifiable details on the forum.

Third party disclosure rules in Small Claims Track [CPR 31.17]

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • #16
    Not really. The confidentiality notice was presumably sent by the company to the ex-client being the intended recipient, so the notice itself would have only applied in respect of the email being sent to the specific person i.e. the ex-client. I don't think that the confidentiality notice would necessarily flow down.

    Even still, the points we have all raised in this thread suggests that you should let the company raise the issue of confidentiality. Unless they are being represented by a solicitor or barrister in the know, it might not even get picked up and even if it does, a judge might think it worthwhile to allow the document to be used as evidence to support your case.

    Only you can decide whether you want to take that risk or not, I would say it's worth the risk but it isn't my case.
    LEGAL DISCLAIMER
    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer relationship between you and me. Some of the content I post may include example wording, letters or other similar responses or templates but they are intended for informational and educational purposes only. Using some or all of my content may fail to meet your needs that is specific to your situation and I cannot be held responsible or liable in any way so you accept that you are using it at your own risk. It is recommended that you seek independent legal advice and you can do this through the Law Society's Find a Solicitor database. Alternatively, you can contact your local Citizen's Advice Bureau for basic legal advice as well as various legal advice centres such as LawWorks. You may also be able to seek legal advice from your local university who may run a legal advice clinic to members of the public.

    Comment


    • #17
      "so the notice itself would have only applied in respect of the email being sent to the specific person i.e. the ex-client. I don't think that the confidentiality notice would necessarily flow down. "

      Yeah I'm with you on that - but my concern is that the Defendant will complain to the court that the ex-client should not have disclosed it to me in the first place. Hopefully that's not a problem, or if it is, it's overcome by the importance of the document.

      I think I will go ahead as we have discussed, with the incriminating email exhibited in my witness statement. I will run the clock down and make sure he gets it with as little time as possible (14 days) before the hearing, so he has the least amount of time to make any application to try and prevent me from using the document.

      Thanks for your advice in the matter, R0b.

      Comment

      View our Terms and Conditions

      LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

      If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


      If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

      Announcement

      Collapse
      1 of 2 < >

      SHORTCUTS

      Pre-Action Letters
      First Steps
      Check dates
      Income/Expenditure
      Acknowledge Claim
      CCA Request
      CPR 31.14 Request
      Subject Access Request Letter
      Example Defence
      Set Aside Application
      Witness Statements
      Directions Questionnaire



      If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.


      NOTE: If you receive a court claim note these dates in your calendar ...
      Acknowledge Claim - within 14 days from Service

      Defend Claim - within 28 days from Service (IF you acknowledged in time)

      If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




      We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
      If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
      2 of 2 < >

      Need Formal Help?




      Search and Compare fixed fee legal services and find a solicitor near you.

      Find a Law Firm


      See more
      See less

      Court Claim ?

      Guides and Letters
      Loading...

      upgrade to vip

      Want exclusive access to forums, more privacy and a live chat box? Upgrade to become a bigger part of our community.

      only £15/yr

      Offers available. No subscription traps.

      sign up now



      Search and Compare fixed fee legal services and find a solicitor near you.

      Find a Law Firm


      Working...
      X