The Law of Privilege

Hardcover | September 12, 2011

EditorBankim Thanki QCbyPatrick Goodall, Henry King

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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.

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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 provi...

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 ...
Format: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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Customer Reviews of The Law of Privilege

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Rated 5 out of 5 by from Confidentiality -v- Disclosure PRIVACY –v- FREE SPEECH: HERE’S THE EXPERT AND DEFINITIVE GUIDE TO PRIVILEGE… FOR NOW! An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers ‘Privilege’, says the editor of this very readable work, ‘is a potential obstacle to the discovery of truth and the common law accordingly recognizes very few categories of privilege’. Take legal professional privilege, for example. Yes, the client should be able to seek legal advice with the expectation that what passes between him and his legal adviser remains confidential, i.e. privileged. However, public interest demands that all the materials – documents, etc. pertinent to the case should be available to the court, particularly if such materials would affect the outcome of the case. Here, then arises a perpetual clash of interests, the issues arising from which form the core content of this fascinating book from the OUP, now in its second edition, the first having been published in 2006 with the encouragement and support of Lord Bingham. Five years on, the second edition has been produced once again by an expert and erudite team comprising members of Lord Bingham’s old chambers, Fountain Court and certainly reveals the same thoroughness and insight as the previous edition. The result is what we would certainly term the definitive work on this subject, which is not an easy one to come to grips with. Nonetheless, as Stephen Tomlinson points out in the foreword, the book is ‘enjoyable to use and to read’ and therefore a gift to just about every member of the legal profession, many of whom will confront this subject on an almost daily basis, particularly those who just know in their bones that the other side is hiding something on grounds of ‘privilege.’ This is where we emerge into the ‘privacy versus free speech’ debate which must inevitably continue. Staying up to date in this area of law is therefore vital for the practitioner and here the book admirably provides. All recent case law is considered, including, to cite just one example, the House of Lords’ decision in McE v Prison Service of Northern Ireland. Chapters 2 and 3 address new developments in legal advice privilege and litigation privilege. Subsequent chapters deal with such issues as exceptions to privilege… loss of privilege… joint and common interest privilege…the ‘without prejudice’ privilege…and privilege against self-incrimination. Within its four hundred (at least) pages, this meticulously footnoted volume offers ample resources for research, including 30 or so pages of Tables of Cases, Tables of Legislation and Tables of Legislation of Other Jurisdictions. The detailed index at the back provides a useful shortcut to looking things up. The law is stated as at 3 May 2011. It is the expert and definitive current handbook on privilege law.
Date published: 2011-10-09

Extra Content

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