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• Title:The law of privilege / editor, Bankim Thanki [and others] ; contributors, Chloe Carpenter [and others] ; foreword by the Rt Hon. Lord Justice Tomlinson.
  
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• Other Contributors/Collections:Thanki, Bankim, 1964-
  Carpenter, Chloe, 1978-
  
• Published/Created:Oxford ; New York : Oxford University Press, 2011.
  

• Holdings

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  • Location:LAW LIBRARY (level 3)Where is this?
    
  • Call Number: KD7519.A77 L39 2011
    
  • Number of Items:1
    
  • Status:Available
    

   
• Library of Congress Subjects:Confidential communications--Lawyers--England.
  Attorney and client--England.
  Confidential communications--Lawyers.
  Attorney and client.
  
• Edition:2nd ed.
  
• Description:lv, 398 p. ; 26 cm.
  
• Summary:"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 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 the Three 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 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 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, its 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"-- Provided by publisher.
  
• Notes:Includes bibliographical references and index.
  
• ISBN:9780199595433 (cloth : alk. paper)
  0199595437 (cloth : alk. paper)
  
• Contents:Machine generated contents note: 1. Legal Professional Privilege: Fundamental Principles
  A. Introduction: The Nature of the Privilege
  B. Classification
  C. Historical Origins of the Two Sub-heads of Privilege
  D. Rationale
  (1). Legal advice privilege
  (2). Litigation privilege
  E. Basic Features of Legal Professional Privilege
  F. Client's Privilege
  G. Adverse Inferences
  H. Who Are Lawyers for the Purposes of the Privilege?
  I. How Long Does the Privilege Last?
  J. EC Law
  K. Impact of the Convention
  2. Legal Advice Privilege
  A. Introduction
  B. Who is the Client?
  (1). implications of Three Rivers 5
  (2). Rationale for the corporate client test
  (3). Reconciling Three Rivers 5 with previous Court of Appeal authority
  C. Who is a Lawyer?
  D. Acting in Person
  E. Communications
  (1). Extent of the need for actual communications after Time Rivers 5
  (2). Communications through the intermediaries or agents of either lawyer or client
  (3). requirement of confidentiality
  F. What Constitutes Legal Advice or Assistance?
  (1). law prior to Three Rivers 6
  (2). broad test following Three Rivers 6
  (3). need for a separate consideration of `legal' and `advice or assistance'
  (4). No requirement of a connection with litigation
  (5). Practical examples and difficult areas
  G. Whether the Privilege Should be Confined to Lawyer
  Client Communications: The Current Status of three Rivers 5
  H. Is There a Dominant Purpose Test for Legal Advice Privilege?
  3. Litigation Privilege
  A. Introduction
  B. What Type of Material is Covered?
  (1). Communications
  (2). Matters other than communications
  (3). Confidentiality
  C. Nature of the Litigation
  (1). Actual or anticipated litigation
  (2). What is meant by `litigation'?
  D. Dominant Purpose Test
  (1). What purpose?
  (2). Dominant purpose
  (3). Whose purpose?
  E. Who Can Assert Litigation Privilege and When?
  F. Communications with Particular Persons
  (1). Experts
  (2). Clinical case managers
  (3). Lawyers and others in relation to litigation costs
  G. Future of Litigation Privilege
  4. Legal Professional Privilege: General Issues
  A. Introduction
  B. Problem Areas
  -Particular Types of Document
  (1). Partly privileged documents
  (2). Pre-existing documents, copies, and selections
  (3). Subsequent litigation
  (4). Dissemination of privileged material
  C. Exceptions to Privilege
  (1). crime/fraud exception
  (2). Where the communication is a material fact in itself
  (3). Better right of another party
  (4). Where secondary evidence may be given
  (5). Particular relationships
  (6). Statutory exceptions
  D. International Aspects of the Law of Privilege
  (1). Introduction
  (2). Choice of law
  (3). International aspects of the English substantive law of privilege
  E. Procedural Issues
  (1). Effect of privilege
  (2). Claiming privilege
  (3). Challenging privilege
  (4). Inspection by the court
  (5). Role of the solicitor
  5. Loss of Privilege
  A. Introduction
  B. Loss of Confidentiality
  (1). Requirement of confidentiality
  (2). Lack of confidentiality as between parties to litigation
  (3). Disclosure to third parties and loss of confidentiality
  C. Waiver
  (1). Classification of waiver
  (2). Disclosure in earlier proceedings or investigations
  (3). Waiver during proceedings
  (4). Other instances of implied/compulsory waiver
  D. Restraining the Use of Privileged or Confidential Documents
  (1). Introduction
  (2). Goddard v Nationwide Building Society and subsequent cases
  (3). Where the document is disclosed and inspected
  (4). Other factors going to relief and the extent of relief
  E. Effect of Waiver
  (1). Preliminary issues
  (2). Collateral waiver
  6. Joint and Common Interest Privilege
  A. Joint Privilege
  (1). Introduction
  (2). Joint retainer
  (3). Joint interest
  B. Common Interest Privilege
  (1). Introduction
  (2). common interest: a common solicitor?
  (3). common interest: widening boundaries
  (4). common interest: nature and ambit of the relationship
  (5). nature of common interest privilege
  (6). Waiver of common interest privilege
  7. Without Prejudice Privilege
  A. Nature of and Rationale for the Privilege
  B. Scope of the Privilege
  C. Exceptions to the Application of the Privilege
  D. Waiver of Privilege
  E. Procedure
  F. Conciliation Privilege
  8. Privilege against Self-incrimination
  A. Introduction
  B. How to Assert the Privilege
  C. Potential Rationales of the Privilege
  D. Privilege is not Absolute
  E. Civil Evidence Act 1968, s 14
  F. `Refuse to Answer any Question or Produce any Document or Thing'
  G. `Would Tend to Expose that Person to Proceedings for an Offence or for the Recovery of a Penalty'
  (1). real and appreciable risk
  (2). Applicability of the privilege outside legal or quasi-judicial proceedings
  (3). Exposure to proceedings under foreign laws
  (4). Privilege against self-incrimination for contempt of court or perjury
  (5). Use of compelled evidence in directors' disqualification proceedings and disciplinary proceedings
  H. Factors in the ECHR Jurisprudence
  I. Statutory Restriction of the Privilege
  J. Waiver of the Privilege.