The Law of Privilege

2. Auflage 2011
ISBN: 978-0-19-959543-3
Verlag: Oxford University Press

Buch, Englisch, 456 Seiten, Format (B × H): 176 mm x 252 mm, Gewicht: 934 g

A leading text on legal professional privilege now fully updated to provide a complete source of reference
An expert author team who were involved in the Three Rivers litigation give first-hand experience of privilege in all its applications
Easy to navigate and quick to reference the text is logically structured with clear headings and regular summaries

New to this edition:

Coverage of the Court of Appeal decision on the HMRC v Prudential case brings this book fully up to date
Additional new coverage includes content on without prejudice privilege in the Oceanbulk v TMT case

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 ist limits, this second edition builds 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-established assumptions 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 ist 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 communications in 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 partly privileged 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, ist scope, exceptions, rules governing waiver, and the position in respect of mediation; 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 a foreword by Lord Justice Tomlinson.

Zielgruppe

Solicitors and Barristers in private practice and in-house in all disciplines. A broad secondary market is in the judiciary; legal training institutions and students of civil procedure and practitioners and the judiciary in other common law jurisdictions.

Autoren/Hrsg.

Goodall, Patrick

King, Henry

Carpenter, Chloe

Cutress, James

Oppenheimer, Tamara

Phelps, Rosalind

Yeo, Nik

Thanki QC, Bankim

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

1: Legal Professional Privilege: The Fundamental Principles
2: Legal Advice Privilege
3: Litigation Privilege
4: Legal Professional Privilege: General Issues
5: Loss of Legal Professional Privilege
6: Joint and Common Interest Privilege
7: Without Prejudice Privilege
8: Privilege against Self-Incrimination

Über Autor(innen)

Edited by Bankim Thanki QC, Barrister, Fountain Court, Patrick Goodall, Barrister, Fountain Court, Henry King, Barrister, Fountain Court, Chloe Carpenter, Barrister, Fountain Court, James Cutress, Barrister, Fountain Court, Tamara Oppenheimer, Barrister, Fountain Court, Rosalind Phelps, Barrister, Fountain Court, and Nik Yeo, Barrister, Fountain Court

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 are also barristers at Fountain Court Chambers with a broad practice across commercial law

Patrick Goodall specialises in banking and financial services, insurance and reinsurance, professional negligence and civil fraud. He appears regularly in first instance and appellate courts and has significant experience of arbitration and mediation.

Henry King has particular experience in banking cases and those involving the interpretation and understanding of financial reports. He is also Chartered Accountant.

Chloe Carpenter specialises in arbitration, commercial litigation, banking and insurance work and professional negligence. She also has extensive experience of professional discipline, administrative law, public law and regulatory law.

James Cutress specialises in insurance and reinsurance, professional negligence, commercial contracts, banking and finance, including securitisations, swaps and derivatives, aviation and civil Fraud.

Tamara Oppenheimer practises in professional negligence, banking and finance, insurance and reinsurance, all aspects of commercial litigation, conflicts of law and private international law, civil fraud, arbitration and judicial review.

Rosalind Phelps has substantial experience in both large scale commercial disputes and also acting in smaller trials, arbitrations and interlocutory matters. She specialises in banking, civil fraud, professional negligence, commercial contracts and aviation.

Nik Yeo has particular experience in complex finance litigation and arbitration, professional negligence (especially with a financial element) and insurance/reinsurance. He has prior experience as a transactional solicitor practising in structured finance (including securitisations) and project finance.