11KBW Employment Podcast
Clifford v Millicom: Privacy Orders
Sep 21, 2023
Paddy Halliday discusses the Court of Appeal judgment in Clifford v Millicom [2023] EWCA Civ 50 and the principles for granting privacy orders. Topics include the significance of the case in clarifying the law on privacy orders in Employment Tribunal proceedings, the importance of balancing privacy rights and open justice, and the procedures and evidence required for privacy claims.
33:18
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Quick takeaways
- The case of Clifford v. Millicom provides clear guidance on the three bases for departing from Open Justice: the interests of justice, the protection of convention rights, and the protection of confidential information.
- Privacy orders are crucial for protecting parties by safeguarding sensitive personal information, commercially confidential information, reputation, and facilitating settlement negotiations, while also balancing the principles of open justice and the need to protect individuals and confidential information.
Deep dives
Case Overview: Clifford v. Millicom
The podcast discusses the case of Clifford v. Millicom, which focuses on privacy orders under Rule 50 of the Employment Tribunal Rules. The default position for Employment Tribunal proceedings is that they should take place in public, but Rule 50 allows for departure from this principle in certain situations. The Clifford case provides clear guidance on the three bases for departing from Open Justice: the interests of justice, the protection of convention rights, and the protection of confidential information. The case highlights the importance of privacy orders for parties who want to protect sensitive personal information, commercially confidential information, or fear reprisals if identified in proceedings.
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