Confidentiality agreements.

ScouseMouse

I have noticed on several occasions, where numerous cases of sueing, or whatever, were settled out of court. Some cases were defamation, others, unfair dismissal, etc etc etc. Generally on a non admission of liability or wrongdoing basis.

A few have had secrecy agreements which keeps the terms of the settlement quiet. Indeed, it would be quite reasonable for someone to come to an arrangement under those terms.

I assume they would be sworn to secrecy, but what would happen if a partner or friend or family member were to publicise the arrangement in detail? Like, without the knowledge or agreement of the injured party.

Would there be any legal comeback if such a thing were to ever happen in Ireland?

I notice these agreements have been leaked by whistleblowers and the like, but am curious of any irish law position.

Thanks all

Pro Hoc Vice

But the only way the Partner or friend would know is if the Plaintiff told then thereby breaching the agreement.

The comeback for the other side would be to sue either in Contract or I assume under the settlement.

ScouseMouse

Ok. As an example. A person enters into a meeting, with her father next to her, for moral support. The father witnesses the arrangement but is not party to it.

Surely, any agreement between the lady and the other side would not be binding on the father? So he could publicize it.

What I have in mind was an american case a few years back.

Peregrinus

superscouse wrote: »

Ok. As an example. A person enters into a meeting, with her father next to her, for moral support. The father witnesses the arrangement but is not party to it.

Surely, any agreement between the lady and the other side would not be binding on the father? So he could publicize it.

What I have in mind was an american case a few years back.

There is no point in signing a confidentiality agreement in relation to something which is already known to third parties who are not under an obligation of confidentiality. In the circumstances which you mention, all parties to the negotiations would be required to accept an obligation of confidentiality as a condition of the settlement, and if this is not done then someone has slipped up and will likely be sued.

ScouseMouse

Peregrinus wrote: »

There is no point in signing a confidentiality agreement in relation to something which is already known to third parties who are not under an obligation of confidentiality. In the circumstances which you mention, all parties to the negotiations would be required to accept an obligation of confidentiality as a condition of the settlement, and if this is not done then someone has slipped up and will likely be sued.

So, if the father sat in on the meeting as moral support, and subsequently stuck it in the national newspapers, who would have slipped up?

The daughter? She had nothing to do with it.
The father? He didnt sign anything.

And who would get sued?

234

superscouse wrote: »

So, if the father sat in on the meeting as moral support, and subsequently stuck it in the national newspapers, who would have slipped up?

The daughter? She had nothing to do with it.
The father? He didnt sign anything.

And who would get sued?

The lawyers for the other party to the meeting would have slipped up and might possible be sued if professional negligence could be made out.

Peregrinus

superscouse wrote: »

So, if the father sat in on the meeting as moral support, and subsequently stuck it in the national newspapers, who would have slipped up?

The daughter? She had nothing to do with it.
The father? He didnt sign anything.

And who would get sued?

The lawyers who advised the party wanting confidentiality, for not pointing out the need to get the father to accept a confidentiality obligation.