The Law of Professional-Client Confidentiality: Regulating the Disclosure of Confidential Personal…

Hardcover | April 2, 2016

byRosemary Pattenden, Duncan Sheehan

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This book examines the disclosure and withholding of all forms of confidential information handled by professionals. Fully revised and updated, the new edition examines the numerous recent developments in the law, particularly following revelations by the media of the interception ofprofessional confidences by phone hacking and other means. Its primary focus is on the law of England and Wales, but it includes insights from the secondary literature and case law of Australia, Canada, Ireland, New Zealand, and Scotland. This allows it to predict how English courts may fill gaps inthe law, and makes it a useful resource for practitioners in other common law jurisdictions. The book begins with a discussion of the basic principles of confidentiality, including types of confidential information, confidentiality obligations, disclosures, and confidentiality obligation. Part I examines the legal instruments for the enforcement of confidentiality, including contractualobligations, tort of misuse of private information, equitable wrongs, actions against third parties, civil remedies and criminal offences, and remedies beyond the courts. Part II discusses justified disclosure, including those relating to public interest, official investigations, administration ofjustice, consent and waiver, and lapsed confidentiality. Part III analyses the grounds for justified non-disclosure, including legal professional privilege, public interest immunity, contractual or equitable obligations, data protection and freedom of information, privacy protection, andnon-disclosure to client. Finally, Part IV discusses limiting the extent of a lawful disclosure, dealing with circulation restrictions, public reporting, anonymity, court attendance restrictions, and collateral use.This is an essential reference for those advising either the professional or the individual client on issues relating to the disclosure of confidential personal information.

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From the Publisher

This book examines the disclosure and withholding of all forms of confidential information handled by professionals. Fully revised and updated, the new edition examines the numerous recent developments in the law, particularly following revelations by the media of the interception ofprofessional confidences by phone hacking and other m...

Rosemary Pattenden is Emeritus Professor of the School of Law at the University of East Anglia. Duncan Sheehan is Professor of Business Law at the University of Leeds.

other books by Rosemary Pattenden

Judicial Discretion and Criminal Litigation
Judicial Discretion and Criminal Litigation

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Format:HardcoverDimensions:840 pagesPublished:April 2, 2016Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199669511

ISBN - 13:9780199669516

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Table of Contents

Part I1. IntroductionPart II2. Misuse of Private Information3. Contractual Confidence Claims4. Breach of Confidence and Fiduciary Duty5. Miscellaneous Causes of Action: Tort and Copyright6. Actions Against Third Parties and Strangers7. Judicial Remedies8. Non-Judicial RemediesPart III9. Disclosure Justified in the Public Interest10. Disclosure of Confidential Information Compelled by Statute11. Compelled Disclosure to Assist an Official Investigation12. Disclosure Justified in the Administration of JusticePart IV13. Consent14. Lapsed ConfidentialityPart V15. Legal Professional Privilege16. Data Protection and Freedom of Information17. Open Justice, Privacy and Limiting the Use of Documents Disclosed in Litigation

Editorial Reviews

"If this book doesn't tell sometimes perplexed practitioners all we need to know about this fundamental and difficult topic, it certainly goes a long way towards doing so." --Law Society Journal 01/04/2004