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Clarke & Son Blog​

Not a great week… for Gavin Williamson or Liverpool FC.

This has not been a good week for the Defence Secretary, Gavin Williamson, or for fans of Liverpool!

Issues of breach of national security have surrounded discussions of the National Security Council meeting since last week. Of course, these involve particular concerns under the Official Secrets Act as well as issues of trust and confidence. At the moment the decision to sack Gavin Williamson rests on the trust and confidence points. In our day to day commercial activities, it is these issues of trust and confidence which we most frequently encounter.

Outside statutory provisions such as the Official Secrets Act, relationships of trust and confidence can be governed by implied duties and contractual or quasi-contractual duties.

For example, in a typical employment situation duties of trust and confidence will be implied as between an employer and employee although a Contract of Employment can expand on these.

The primary benefits of express terms are:

  1. To achieve clarity, and
  2. To set out what will happen after the employment relationship comes to an end. In this context, certain implied duties do persist beyond the termination of employment, however they can be limited.

There are a wide variety of commercial situations in which confidentiality is critical.  These will range from non-disclosure arrangements during a pre-contract period when parties are negotiating, to consultancy or sub-contract arrangements.  In the absence of clear agreed terms obligations relating to confidentiality are very unlikely to arise. In those circumstances express terms are essential.

As for Liverpool, the line of thinking for next week’s second leg is that, having not scored an away goal, in all likelihood – and on the assumption of a one nil defeat in the first leg – Liverpool would have needed at least three goals to feel any degree of comfort one way or the other. Small comfort!

If you have a question or would like to arrange an appointment about an employment matter please contact us on Tel: 01256 320555 or email: mail@clarkeandson.co.uk.

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