An express contractual obligation of confidentiality in an employment contract is not void as contrary to public policy merely because the confidential information is sought to be used in the preparation of litigation out of court. The public policy against interference with the administration of justice extends only to preventing interference with in-court processes (testimony, production of documents under compulsion) and does not make void a contract that prevents voluntary out-of-court disclosure for litigation purposes. Solicitors who persuade former employees to disclose confidential information in breach of express contractual obligations, without conducting research into the validity of their belief that the disclosure is lawful, may be liable for the tort of inducing breach of contract and may be injuncted as knowing recipients of confidential information.
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