Description
Clarke J held that disclosure of information during the course of litigation did not absolve potential witnesses from the duty of confidentiality owed by them to the party making such disclosure in respect of matters in issue in the proceedings. Accordingly, the effect of the disclosure did not release a former employee from his/her duty of confidence owed to their former employer such that they were precluded from providing any information as witnesses which would breach such duty of confidentiality. Any principle to the contrary would enable the party receiving the disclosure to question the other side's employees about anything that could potentially be said to relate to an issue in the proceedings.
