The Law Of Privilege
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The Law Of Privilege
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Author : Bankim Thanki
language : en
Publisher: Oxford University Press, USA
Release Date : 2011-08-18
The Law Of Privilege written by Bankim Thanki and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-08-18 with Law categories.
Providing solutions to specific issues which regularly arise in practice, this practical guide gives detailed and up to date coverage of all key aspects of privilege including legal advice privilege, joint and common interest privilege, and the privilege against self-incrimination as they apply to litigation and non-litigation situations.
The Law Of Privilege
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Author : Chloe Carpenter
language : en
Publisher:
Release Date : 2018
The Law Of Privilege written by Chloe Carpenter and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Law categories.
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.
Law Of Privilege
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Author : Suzanne B. McNicol
language : en
Publisher: Lawbook Company
Release Date : 1992-01-01
Law Of Privilege written by Suzanne B. McNicol and has been published by Lawbook Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992-01-01 with Confidential communications categories.
Analysis of the law of privilege, the law relating to information that is confidential and cannot be released to a court of law. Includes tables of cases, statutes and rules and regulations, a bibliography and an index. The author is a senior lecturer in law at Monash University.
The Law Of Privilege
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Author : Bankim Thanki
language : en
Publisher:
Release Date : 2018
The Law Of Privilege written by Bankim Thanki and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with categories.
This authoritative text provides a comprehensive reference to legal privilege in both contentious and non-contentious contexts, addressing legal advice and litigation privilege. It is an essential reference tool for practitioners, providing a concise route through what can be a challenging area of the law.
Legal Professional Privilege
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Author : Colin Liew
language : en
Publisher:
Release Date : 2023
Legal Professional Privilege written by Colin Liew and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with Attorney and client categories.
Privilege
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Author : Colin Passmore
language : en
Publisher:
Release Date : 2017-12-31
Privilege written by Colin Passmore and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-31 with Attorney and client categories.
The fourth edition of this highly practical book examines privilege in all its aspects in terms which will appeal to the practitioner and academic alike. The author's explanation of the subject is both detailed and analytical, providing the reader with a definitive, comprehensive and expertly written account. Explains the law of legal advice and litigation privilege in all its aspects Goes through the core principles of legal professional privilege, including its rationale and the nature of the right Looks at what constitutes privilege Identifies situations where privilege occurs Examines the boundaries of privilege Covers the circumstances when privilege is deemed to be lost Considers in detail `advice privilege¿ and `litigation privilege¿, covering the essential elements of both, the distinction between the two and matters specific to each such as the client-lawyer relationship, confidential communications and third party communications for `advice privilege¿, and legal proceedings, expert witnesses, witness statements, and criminal proceedings for `litigation proceedings¿ Assesses whether a documentary communication which was not made in privileged circumstances can subsequently to subject to legal professional privilege Deals with the consequences where the subject matter of a privileged communication is one in which two or more persons can establish a joint or common interest Addresses the general principles underlying the `crime-fraud exception¿¿, how it applies in both civil and criminal proceedings and the grounds on which it can be invoked Shows how a claim to privilege is made in civil litigation, when it can be challenged, the circumstances in which a court will exercise its right to inspect documents of which the claim to privilege is made and what happens when an order for production is made in respect of materials which are privileged in part only Takes into account the without prejudice privilege and how it differs from legal professional privilege Analyses key judgments which have established the principles of privilege
Legal Professional Privilege
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Author : Jonathan Auburn
language : en
Publisher: Bloomsbury Publishing
Release Date : 2000-06-20
Legal Professional Privilege written by Jonathan Auburn and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-06-20 with Law categories.
In the Commonwealth,the principle of legal professional privilege has been treated as almost sacrosanct and in consequence, derogations from it have been rare. The traditional view is that, despite resulting unfairness, the rule must be absolute in order to achieve its stated goals. This view is challenged here through an examination of the structure of and exceptions to the privilege. Auburn argues that the claims made of the rule in the past have been overstated and that the privilege is more robust than widely assumed. Being dependent on patterns of client behaviour, it can accommodate change, while still fulfilling its essential function. Having examined the theory, structure and main derogations from the privilege, the author asserts that we should be more sceptical of the claims made of the privilege, and in appropriate circumstances should give more weight to the values underlying the disclosure of evidence. This thoughtful analysis presents a new approach to the issue of legal professional privilege. It offers a thorough exploration of the principles underlying the privilege and takes a Commonwealth-wide approach, covering the law in England, Australia, Canada, New Zealand and South Africa, as well as drawing on relevant principles from European and United States law.
Truth And Privilege
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Author : Lyndsay Campbell
language : en
Publisher: Cambridge University Press
Release Date : 2021-12-16
Truth And Privilege written by Lyndsay Campbell and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-16 with History categories.
A fascinating comparative history of the legal arguments and strategies used to regulate expression in Massachusetts and Nova Scotia.
Privilege And Property
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Author : Ronan Deazley
language : en
Publisher: Open Book Publishers
Release Date : 2010
Privilege And Property written by Ronan Deazley and has been published by Open Book Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
What can and can't be copied is a matter of law, but also of aesthetics, culture, and economics. The act of copying, and the creation and transaction of rights relating to it, evokes fundamental notions of communication and censorship, of authorship and ownership - of privilege and property. This volume conceives a new history of copyright law that has its roots in a wide range of norms and practices. The essays reach back to the very material world of craftsmanship and mechanical inventions of Renaissance Italy where, in 1469, the German master printer Johannes of Speyer obtained a five-year exclusive privilege to print in Venice and its dominions. Along the intellectual journey that follows, we encounter John Milton who, in his 1644 Areopagitica speech 'For the Liberty of Unlicensed Printing', accuses the English parliament of having been deceived by the 'fraud of some old patentees and monopolizers in the trade of bookselling' (i.e. the London Stationers' Company). Later revisionary essays investigate the regulation of the printing press in the North American colonies as a provincial and somewhat crude version of European precedents, and how, in the revolutionary France of 1789, the subtle balance that the royal decrees had established between the interests of the author, the bookseller, and the public, was shattered by the abolition of the privilege system. Contributions also address the specific evolution of rights associated with the visual and performing arts. These essays provide essential reading for anybody interested in copyright, intellectual history and current public policy choices in intellectual property. The volume is a companion to the digital archive Primary Sources on Copyright (1450-1900), funded by the UK Arts and Humanities Research Council (AHRC): www.copyrighthistory.org.
Privilege And Punishment
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Author : Matthew Clair
language : en
Publisher: Princeton University Press
Release Date : 2022-06-21
Privilege And Punishment written by Matthew Clair and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-06-21 with Social Science categories.
How the attorney-client relationship favors the privileged in criminal court—and denies justice to the poor and to working-class people of color The number of Americans arrested, brought to court, and incarcerated has skyrocketed in recent decades. Criminal defendants come from all races and economic walks of life, but they experience punishment in vastly different ways. Privilege and Punishment examines how racial and class inequalities are embedded in the attorney-client relationship, providing a devastating portrait of inequality and injustice within and beyond the criminal courts. Matthew Clair conducted extensive fieldwork in the Boston court system, attending criminal hearings and interviewing defendants, lawyers, judges, police officers, and probation officers. In this eye-opening book, he uncovers how privilege and inequality play out in criminal court interactions. When disadvantaged defendants try to learn their legal rights and advocate for themselves, lawyers and judges often silence, coerce, and punish them. Privileged defendants, who are more likely to trust their defense attorneys, delegate authority to their lawyers, defer to judges, and are rewarded for their compliance. Clair shows how attempts to exercise legal rights often backfire on the poor and on working-class people of color, and how effective legal representation alone is no guarantee of justice. Superbly written and powerfully argued, Privilege and Punishment draws needed attention to the injustices that are perpetuated by the attorney-client relationship in today’s criminal courts, and describes the reforms needed to correct them.