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Complete 10 pages APA formatted article: Coco v AN Clark Ltd. The traditional premise for the law of confidence has assumed a relationship of confidentiality, which fails to cover instances of disclos
Complete 10 pages APA formatted article: Coco v AN Clark Ltd. The traditional premise for the law of confidence has assumed a relationship of confidentiality, which fails to cover instances of disclosure of information outside of such a relationship where disclosure may nevertheless be detrimental4.
Moreover, the inherent difficulty in protecting valuable information under UK intellectual property law is that information is not protected as conferring property rights per se5, and therefore will only be protected in copyright law if the information satisfies the Copyright, Designs and Patents Act 1988 requirements. Therefore, the role of a claim in breach of confidence is to address this lacuna and the duty of confidence arises inequity on grounds of the equitable maxim “he who has received information in confidence should not take unfair advantage of it6”.
The traditional test for establishing a claim for breach of confidence was stipulated in the Coco v AN Clark (Engineers) Limited7 case. However, the Coco case implemented a three-part test to establish a claim and as highlighted above the central problem remained with regard to the protection of information outside the parameters of a confidential relationship due to the absence of privacy laws in England.
Accordingly, since the implementation of the Human Rights Act 1998 (HRA), some commentators have argued that the right to privacy under the ECHR has meant that the three part test in the Coco case is no longer relevant and the focus of this paper is to critically evaluate the above statement of Alpin that “Courts no longer analyse the action for breach of confidence in the terms of the three-limbed test of Coco v AN Clark (Engineers) Ltd”. In doing so, I shall first consider the tripartite test in the Coco case and consider whether in the post-HRA era the breach of confidence test remains relevant.
The first requirement of the case implies a relationship of .confidentiality. however, the recent decision of the House of Lords in Naomi Campbell -v- Mirror Group Newspapers Ltd suggests that the confidence duty no longer requires a relationship of confidence.  .
