Wanted: trustworthy nanny

We did not need the judge in the Beckham nanny case to remind us that all confidentiality agreements are not absolute. His refusal to hold Miss Gibson to her agreement was neither legal watershed nor aberration. These things happen in the frantic atmosphere in the hours before publication and natural judicial caution tends towards permissiveness. Household employees, enjoying unlimited access and trust, are a special class. Just as contractual rights and obligations should be clearly defined, so should the definition of confidential information - too wide a definition is normally unenforceable. Each family may have its own views about what needs to be kept confidential. If not by its nature confidential or if already in the public domain, then open season applies. But it is very rare for there to be sufficient public interest, justifying publication, to trump a freely entered into legal contract. For guidance on confidentiality issues and access to our team of employment and family law specialists, contact:

Tony Morton-Hooper
Tel +44 (0)20 7440 7030
tonymh@mishcon.com