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Vol 21 No 11 Nov/Dec 2016

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
The Law of Professional-Client Confidentiality: Regulating the Disclosure of Confidential Information 2nd ed isbn 9780199669516

The Law of Professional-Client Confidentiality


ISBN13: 9780198268505
ISBN: 0198268505
New Edition ISBN: 9780199669516
Published: May 2004
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: Out of print



Drawing on many areas of law, including data protection, breach of confidence, the law of evidence, human rights, tort and contract and taking into account relevant soft law and ethical guidance by the professions, the book seeks to provide authoritative answers to two questions:-

What confidential personal information concerning a client may, or must, the professional disclose to:-

  • 1) the client,
  • 2) others, including courts, tribunals and inquiries
What can be done, through litigation or other means, if confidential personal client information is disclosed or used for an improper purpose by the professional or some third party.

The black-letter law is supplemented by in-depth coverage of how the legal issues arise, and are dealt with, in practice (both in the UK and in other jurisdictions). Numerous examples are cited from a wide variety of professional contexts ranging from the medical, legal, and financial to the social services and education.

This work will be an essential reference tool for those advising either the professional or the individual client on issues relating to the disclosure of confidential personal information. Its depth of coverage (eg. on the issue of consent to disclosure) will mean that it will also be of application in the field of confidentiality and privacy more generally.

Subjects:
Evidence, Tort Law, Professional Negligence
Contents:
PART I: INTRODUCTION
1. Definitions and Rationales
2. The Social Context
3. The Legal Framework

PART II: RESPONDING TO DISCLOSURE
4. Contract and Tort Solutions to Intentional Disclosure
5. Equity and Copyright Solutions to Intentional Disclosure
6. Dealing with Unintentional Disclosure
7. Suing and Tracing Third Parties
8. Remedies
9. Alternatives to Litigation
PART III: DEFENCES
10. Compelled Disclosure
11. Disclosure in the Public Interest
12. Other lawful Voluntary Disclosure
13. Consent
PART IV: CONFIDENTIALITY AND PRIVILEGE IN THE LITIGATION PROCESS
14. Investigations and Pre-trial Disclosure
15. Trials, Tribunals and Inquiries
16. Grounds for Non-Disclosure
17. Protection of Privacy

PART V: RELATED MATTERS
18. Data Protection and Freedom of Information
19. Disclosure to the Client
20. Duty to Warn Third Parties
21. The Employed Professional and Partnerships