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A test of confidence

08 September 2017 / Nicholas Dobson
Issue: 7760 / Categories: Features , Public
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Nicholas Dobson charts the substantial litigation necessary to maintain the integrity of the 11-plus

  • The duty of confidence applies where confidential information is acquired or received without having been disclosed in breach of confidence and the acquirer or recipient knows that the information is confidential.
  • An injunction preventing unauthorised publication of material from an 11-plus test yet to be taken by certain candidates was therefore upheld.

When I sat my 11-plus exam, most NLJ readers wouldn’t even have been a gleam in their parents’ eyes. The internet being decades away in the future, websites (if the term even existed) would simply have meant old buildings and other places where spiders could weave their webs and catch their prey in peace. And spiders (to my knowledge having no access to un-sat 11-plus papers) told no tales. Which is to say that neither myself nor my fellow examinees had any pre-knowledge of the contents of our three test papers.

But fast forward from those dark pre-digital days to 13 July 2017. For then the Court of Appeal had to consider whether to uphold an
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