1. But not, strangely, about whether confidential information is intellectual property. For a discussion of the ‘taxonomical oddity’ that confidential information is often considered as ‘intellectual property’ but not ‘property’, see L Bently, 'Trade Secrets: “Intellectual Property” But Not “Property”?' in H Howe and J Griffiths (ed),Concepts of Property in Intellectual Property Law(Cambridge University Press, 2013) 60–93.
2. PD Finn [2010] EWCA Civ 1214, [2011] Env LR 12.
3. Article 1 Protection of property: 'Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law. The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.'
4. ‘Confidential information’ is a deliberate choice of terminology and I am avoiding the use of the alternative terminology ‘trade secrets’ for two main reasons: first, to emphasise that I am focusing on English jurisprudence and not US trade secrets law; and second, because ‘trade secrets’ is not a stable term in English law. It should also be noted that confidential information in English law embraces a variety of secrets, including commercial, personal and government secrets.