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The Law of Privilege
Bankim Thanki QC, Patrick Goodall, Henry King, Rosalind Phelps, James Cutress, Nik Yeo, Chloe Carpenter, and Tamara Oppenheimer
408 pages
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246x171mm
978-0-19-928776-5
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Hardback
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11 May 2006
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- Comprehensive and authoritative new guide to legal professional privilege as it applies to litigation and non-litigation situations
- Contains up-to-date analysis of law and practice following the landmark decisions of the Court of Appeal and House of Lords in the Three Rivers litigation, and the impact of the Human Rights Act 1998
- Provides detailed coverage of all key aspects of privilege: legal advice privilege, litigation privilege, loss of privilege, joint and common interest privilege, without prejudice privilege, and the privilege against self-incrimination
- Includes practical guidance on issues that arise regularly in practice, such as the effect of asserting privilege, exceptions, the law regarding pre-existing documents, procedural matters (including the means of challenging a claim), and multi-jurisdictional issues
- Written by an author team of leading practitioners from Fountain Court chambers headed by Bankim Thanki QC, who appeared in the Three Rivers litigation
- Includes a foreword by the Rt Hon Lord Bingham of Cornhill
This significant new title provides a comprehensive guide to legal professional privilege as it applies to litigation and non-litigation situations. The book contains authoritative guidance on the law as it stands today, following the landmark decisions of the Court of Appeal and House of Lords in the Three Rivers litigation, which challenged long-established assumptions about the nature and scope of privilege, and the impact of the Human Rights Act 1998. Written by Bankim Thanki QC, who appeared in the Three Rivers cases, and a leading team from Fountain Court chambers, it provides detailed coverage of the nature of privilege, how it arises, how it is
lost, and its limits.
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 relates 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 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 Procedure.Readership: Libraries of medium to large solicitors firms and all barristers chambers: privilege is relevant to practitioners in all disciplines, whether contentious or non-contentious. Individual practitioners would be more likely to purchase their own copy
where the issue regularly crops up in their own practice (it is particularly relevant to litigation practitioners). The text will also be of interest to the judiciary; legal training institutions and students of civil procedure; practitioners and the judiciary in other common law jurisdictions; individual academics, and university libraries in the UK and overseas.
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Bankim Thanki QC, Barrister, Fountain Court, Patrick Goodall, Barrister, Fountain Court, Henry King, Barrister, Fountain Court, Rosalind Phelps, Barrister, Fountain Court, James Cutress, Barrister, Fountain Court, Nik Yeo, Barrister, Fountain Court, Chloe Carpenter, Barrister, Fountain Court, and Tamara Oppenheimer, Barrister, Fountain Court
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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
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The specification in this catalogue, including without limitation price, format, extent, number of illustrations, and month of publication, was as accurate as possible at the time the catalogue was compiled. Occasionally, due to the nature of some contractual restrictions, we are unable to ship a specific product to a particular territory. Jacket images are provisional and liable to change before publication.
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