Confidentiality Agreements

Looking for help with a confidentiality agreement?

It is always essential to protect certain business secrets otherwise the business may lose its unique proposition in the market or suffer other harm or disadvantage. A non-disclosure agreement (“NDA”) is in essence, a contract between two or more parties which outlines certain confidential material, knowledge, or information that the parties wish to share with one another for a particular purpose but which they wish to restrict access to by others outside their agreement.

Some employers may even require certain employees to sign an NDA before they start work, or during their employment from time to time. Similarly a non-compete agreement will prevent the receiving party from unfairly competing with the disclosing party due to the material, knowledge or information which that party has acquired as a result of the disclosure.

An NDA could give protection where one party may need to disclose confidential information such as formulas, recipes, sales and marketing information, trade secrets, technical designs and drawings, or other similar information which would give the other party an unfair advantage if they disclosed it to a third party or otherwise used it for other purposes. It is therefore prudent that an appropriate NDA is entered into before sensitive information is disclosed.

Our members at Mercantile Barristers are Public Access Trained and are happy to be consulted by and accept instructions directly from professionals and discerning private clients at any time (for direct access barristers). To book a consultation with one of our Direct Access Barristers in London please call us and speak to our clerks who will find the best-placed barrister for you.


Historically, barristers in England & Wales could only accept instructions from solicitors and could not be consulted directly by members of the public. Barristers were considered to be too expert and too specialist to deal directly with lay clients.

It was left to a solicitor to first determine whether the legal problem that has arisen required the involvement of the expert barrister. If so, it was only the solicitor that could instruct the expert barrister on behalf of the lay client. Using a medical analogy, it is akin to having to see your GP before being referred to the Specialist Consultant.


In this traditional mode of operation the lay client continues to pay for his solicitor while also paying for his expert barrister. While this has always been the case, it is unnecessary in certain modern circumstances and inevitably commercial pressures and modernity has brought a change. Professionals such as company directors, agents, architects, surveyors, construction engineers and other specialist consultants may not require hand-holding by a solicitor in order to consult the expert barrister about their case.


A change in the law in 2004 allowed barristers, who have undertaken additional training, to advise clients without the need for a solicitor and listed below are some of the reasons why it is advantageous to instruct a direct access barrister.



Have Found Mercantile, To Be Honest, Diligent And Willing To Go The Extra Mile With Their Advice.
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