The Law of Privilege by Patrick Goodall

The Law of Privilege

byPatrick Goodall, Henry KingEditorBankim Thanki QC

Hardcover | September 12, 2011

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A comprehensive reference to legal professional privilege in both contentious and non-contentious situations, this book also address privilege against self-incrimination. Providing detailed coverage of the nature of privilege, how it arises, how it is lost, and its limits, this second editionbuilds on the success of the first to provide an authoritative practitioner reference on this widely relevant subject. Written by a leading team from Fountain Court chambers the book is edited by Bankim Thanki QC, who appeared in theThree Rivers litigation which challenged long-establishedassumptions about the nature and scope of privilege. The book also addresses the impact of the Human Rights Act 1998.The text is divided into eight logical themes. It looks first at the policy underlying privilege and its nature, and then at the definitions of legal advice privilege, which relate to communications between lawyer and client; and litigation privilege, which can attach to third party communicationsin the context of litigation. It goes on to provide expert guidance on issues that arise regularly in practice, such as exceptions (including a detailed analysis of the crime/fraud exception), multi-jurisdictional issues, procedural matters, and problem areas, such as pre-existing and partlyprivileged documents. It also covers loss of legal professional privilege (loss of confidence, and implied and express waiver); joint and common interest privilege; the linked area of without prejudice privilege, its scope, exceptions, rules governing waiver, and the position in respect ofmediation; and the privilege against self-incrimination.The book is clearly laid out, with extensive cross-referencing and useful summaries throughout to ensure ease of understanding and quick access to information. It is an essential reference tool for practitioners in all fields of practice, and for students of Civil and Criminal Procedure. With aforeword by Lord Justice Tomlinson.

About The Author

Bankim Thanki QC is a barrister at Fountain Court Chambers, specialising in commercial law. He appeared for the Bank of England before the Court of Appeal, the House of Lords in the Three Rivers litigation, and for the Bar Council (intervening) in the matter of R (on the application of Prudential PLC) v HMRC. The other members of team ...

Details & Specs

Title:The Law of PrivilegeFormat:HardcoverDimensions:456 pages, 9.69 × 6.73 × 1.2 inPublished:September 12, 2011Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199595437

ISBN - 13:9780199595433

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Table of Contents

1. Legal Professional Privilege: The Fundamental Principles2. Legal Advice Privilege3. Litigation Privilege4. Legal Professional Privilege: General Issues5. Loss of Legal Professional Privilege6. Joint and Common Interest Privilege7. Without Prejudice Privilege8. Privilege against Self-Incrimination