The Law of Privilege

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.