The nexus between confidentiality, NDAs and open justice
On this special episode of The Lawyers Weekly Show, produced in partnership with Blumers Personal Injury Lawyers, host Jerome Doraisamy speaks with Blumers director Noor Blumer about the state of affairs for confidentiality and non-disclosure agreements and the extent to which such arrangements can come into conflict with the principle of open justice.
Ms Blumer details how confidentiality and non-disclosure agreements pertain to our understanding of justice, the extent to which they are prevalent in litigious proceedings, the increase in complainants publicly disclosing the offences allegedly committed against them, and recent cases — including the allegations against Dyson Heydon and the Fox News saga in the United States — that have led the charge on such public disclosure.
She also outlines the nexus of such conversations to defamation proceedings, community perceptions and how social media reinforces certain biases, and whether law reform is needed to improve justice processes.
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