For some, they may think the cat is out of the bag and that it is worth pursuing that enforcement mechanism despite the further attention that may be brought onto the very issue that they were trying to keep discreet. For others, it will not be a proportionate or advisable step to take. 

If this article seeks to demonstrate one thing, it is that NDAs come in many shapes and sizes, and proper thought should be given at the outset to what is being sought to be protected, why this is necessary and how this can best be achieved.  

Alex Brereton is a partner and Eri Horrocks is a senior associate at Hunters Law