The Law of Privilege

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 theThree 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.

Table of Contents:
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

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. The other members of team are also barristers at Fountain Court Chambers with a broad practice across commercial law Patrick Goodall 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 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 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.

Review :
The fluency of writing in this comprehensive guide and the breadth and detail of discussion make this seminal work an essential component of all commercial law libraries. It should have a place in every solicitors' office operating in the commercial field. This is a timely new edition of The Law of Privilege, which is sure to become a well-thumbed practitioners' guide. The impressive author team - well known and successful Fountain Court barristers - know their stuff and are well versed in the practical implications of the law in this field. Thanki QC as editor is a reassuringly authoritative voice on privilege. His involvement in the leading cases in the field means he speaks from a commanding position. This is an essential reference tool for litigators. A book of unrivalled academic excellence. Written with admirable clarity... this book is a pleasure to consult. There is no better or clearer exposition of the law of privilege than Mr Thanki's book. It provides a comprehensive and practical explanation of this complex area of the law in a way that is admirably straightforward and refreshingly accessible [T]his textbook is, in my view, now the seminal work on the topic and an essential purchase for all busy civil and commercial law practitioners. It is also a relative bargain for its price. I highly recommend it. It is the expert and definitive current handbook on privilege law. Authoritative yet at the same time never afraid to express controversial views, this is an excellent book and the new edition is to be welcomed.