Can confidentially provisions in settlement agreements be disapplied for Enhanced Criminal Record Certificate purposes?

The recent case of C v T Borough Council (2014) EWHC 2482 (QB) established that the provisions of a settlement agreement in which an employer agreed to provide a reference, had not been breached by the employer providing additional information to the police.

Jane Klauber, partner in the charity and social business team, investigates the impact on the way in which settlement agreements should ideally be drafted.

Client confidentiality clauses in settlement agreements - October 2014.pdf