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From: Hector MacQueen <Hector.MacQueen@ed.ac.uk>
To: Matthew Hoyle <MHoyle@oeclaw.co.uk>
Robert Stevens <robert.stevens@law.ox.ac.uk>
obligations@uwo.ca
CC: birke.haecker@uni-bonn.de
Date: 03/03/2023 12:43:08 UTC
Subject: Re: Hancock v Oakeshott
Perhaps fortunate for Isabel Oakeshott that the case is unlikely to be brought in a Scottish court using Scots law's notions of the gratuitous contract and the unilateral promise. With regard to the latter, statute normally requires signed writing, with an exception for promises made in the course of business. I would guess that Oakeshott's NDA promise falls into the latter category.

Hector

Hector L MacQueen CBE FBA FRSE 

Emeritus Professor of Private Law

University of Edinburgh Law School

Old College 

South Bridge

Edinburgh EH8 9 YL



From: Matthew Hoyle <MHoyle@oeclaw.co.uk>
Sent: 03 March 2023 12:32
To: Robert Stevens <robert.stevens@law.ox.ac.uk>; obligations@uwo.ca <obligations@uwo.ca>
Cc: birke.haecker@uni-bonn.de <birke.haecker@uni-bonn.de>
Subject: Re: Hancock v Oakeshott
 
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Surely even if non-contractual, the existence of the NDA creates a relationship of confidence? But I would agree the willingness to share confidential information on condition of non-disclosure ought to be regarded as consideration for the bargain. 

Matthew Hoyle
Barrister
One Essex Court

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From: Robert Stevens <robert.stevens@law.ox.ac.uk>
Sent: Friday, March 3, 2023 12:28:29 PM
To: obligations@uwo.ca <obligations@uwo.ca>
Cc: birke.haecker@uni-bonn.de <birke.haecker@uni-bonn.de>
Subject: Hancock v Oakeshott
 

My much-missed former Oxford Colleague Birke Häcker aske me to write on her behalf:

 

Dear colleagues,

 

It is widely reported that Isabel Oakeshott did not charge Matt Hancock any fee for ghostwriting (or ‘co-authoring’) his ‘Pandemic Diaries’ – interestingly described as her having acted ‘pro bono’.

 

If this is so, then surely the NDA she signed is unenforceable unless contained in a deed? Media law specialists appear to assume that it was under seal, describing it as a “contractual agreement …. enforcible as such” without adverting to the “pro bono” quirk of the particular case: https://www.theguardian.com/commentisfree/2023/mar/02/isabel-oakeshott-matt-hancock-whatsapps-journalist-media-law

 

Does anyone know what the usual conventions are on NDAs? In short, am I missing something – or was Isabel Oakeshott really savvy in arranging the Hancock deal?

 

With best wishes

Birke (Häcker)

 

 

(For myself, much like Captain Renault, I am shocked that Ms Oakeshott would betray a source.

 

I’d have thought Hancock’s provision to her of the valuable confidential information, useful to a political “journalist” even if required to be undisclosed, sufficed as consideration for her promise not to disclose it).

 

Rob

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