The Law of Privilege

The law of privilege is recognized as a fundamental right essential to the function of the rule of law. This book provides a comprehensive reference to legal professional privilege in both contentious and non-contentious contexts, addressing legal advice and litigation privilege, as well as privilege against self-incrimination and without prejudice privilege. Providing detailed coverage of the nature of privilege, how it arises, how it is lost, and its limits, the book begins with an outline of the law and policy underlying privilege, before providing guidance on issues that arise regularly in practice. These issues include exceptions (with a detailed analysis of the iniquity exception), multi-jurisdictional issues, procedural matters, and challenges like pre-existing and partly privileged documents. It also covers the loss of legal professional privilege (including 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, as well as joint and common interest privilege. Systematically updated to cover all significant developments in privilege law, this fourth edition considers the wealth of recent case law that has been published and includes new sections addressing the issues of privilege that arise in criminal proceedings and Britain's withdrawal from the European Union. Written by experts from Fountain Court chambers, The Law of Privilege is unrivalled for its logical structure and clarity, with extensive cross-referencing and useful summaries ensuring ease of understanding and quick access to information. It is an essential reference tool for practitioners in all fields of practice and students of Civil and Criminal Procedure, providing a concise route through the complexities of privilege law.

1 - Legal Professional Privilege: Fundamental Principles
2 - Legal Advice Privilege
3 - Litigation Privilege
4 - Legal Professional Privilege: General Issues
5 - Loss of Privilege
6 - Joint and Common Interest Privilege
7 - Without Prejudice Privilege
8 - Privilege against Self-Incrimination

Bankim Thanki KC specialisises in all aspects of commercial law, and with particular expertise in the law of privilege and confidentiality. Tamara Oppenheimer KC practises in all aspects of commercial law, and has particular expertise in the law of privilege. Chloe Carpenter KC 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 KC specialises in insurance and reinsurance, professional negligence, commercial contracts, banking and finance, including securitisations, swaps and derivatives, aviation and civil fraud. Patrick Goodall KC 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 KC has particular experience in banking cases and those involving the interpretation and understanding of financial reports. He is also Chartered Accountant. 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. Rosalind Phelps KC 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. Leonora Sagan specialises in civil fraud and business and regulatory crime. She regularly appears in disputes arising at the intersection of criminal, civil and regulatory law, in financial services, and on behalf of high-net-worth individuals. Adam Sher practises in all aspects of commercial law, with a particular emphasis on banking and finance, insurance and civil fraud. He has a particular interest and expertise in the law of privilege. 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.