A sound understanding of legal professional privilege provides practitioners with a strategic advantage not to be underestimated. This authoritative text provides a comprehensive reference to legal privilege in both contentious and non-contentious contexts. This book addresses both legal advice and litigation privilege, as well as privilege against self-incrimination. With broad coverage of how it arises, how it is lost, and its limits, the book begins with an outline of the law and policy underlying privilege before going on to provide expert guidance on issues that arise regularly in practice. These issues include 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, for example the loss of confidence, and implied and express waiver; the linked area of being without prejudice privilege, its scope, exceptions, rules governing waiver, and the position in respect of mediation; and joint and common interest privilege. Now in its third edition, the book has been comprehensively updated to cover all recent developments in privilege law. It considers the wealth of case law that has been published since the second edition, as well as placing much greater attention on privilege as it applies to investigations by regulatory and law enforcement agencies. Written by a leading team from Fountain Court chambers including Bankim Thanki QC, who appeared in the Three Rivers litigation, The Law of Privilege is unrivalled in its clarity and supplies extensive cross-referencing and useful summaries throughout to ensure quick access to information. It is an essential reference tool for practitioners in all fields of practice, as well as for students of Civil and Criminal Procedure, providing a concise route through what can be a challenging area of the law.
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About the Author
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. Patrick Goodall QC 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 QC 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 QC 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. Rebecca Loveridge is instructed on a wide range of commercial matters. She regularly appears, as sole advocate, in the County Courts and High Court, as well as frequently being led on very substantial matters.
Table of Contents
1. Legal Professional Privilege: The Fundamental Principles