- Common Law is not written out in one document like an Act of Parliament. It is a form of law based on previous court cases decided by judges. Hence, it is also referred to as ‘judge-made’ or case law.
- The law is applied by reference to those previous cases, so common law is also said to be based on precedent.
- The general position is that if information is given in circumstances where it is expected that a duty of confidence applies, that information cannot normally be disclosed without the information provider’s consent.