The Law of Privilege

by Thanki QC, Bankim; Goodall, Patrick; King, Henry; Carpenter, Chloe; Cutress, James; Oppenheimer, Tamara; Phelps, Rosalind; Yeo, Nik

• ISBN13: 9780199595433
• ISBN10: 0199595437
• Edition: 2nd
• Format: Hardcover
• Copyright: 2011-11-15
• Publisher: Oxford University Press

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.

Author Biography

Bankim Thanki QC is a barrister at Fountain Court Chambers, specializing 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 specializes 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 specializes 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 specializes in insurance and reinsurance, professional negligence, commercial contracts, banking and finance, including securitisations, swaps and derivatives, aviation and civil Fraud.

Tamara Oppenheimer practices 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 specializes 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 practicing in structured finance (including securitisations) and project finance.