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Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Privilege 4th ed isbn 9780414057531

Privilege 3rd ed


ISBN13: 9781908013118
New Edition ISBN: 9780414057531
Previous Edition ISBN: 9781858113616
Published: July 2013
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: Out of print




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The scope of the two main heads of privilege have only recently been settled by the Courts, notwithstanding that privilege can be traced back many hundreds of years.

With the Three Rivers case, the position is now clearer as the author describes in the new edition of this, the leading work on the subject, which examines privilege in all its aspects in terms which will appeal to the practitioner and academic alike.

If ever there were circumstances in which the English courts might have been taken the opportunity to rein in the importance or scope of legal professional privilege, then this was provided by both Derby Magistrates and Three Rivers No (6).

That on both occasions, and in the intervening opportunities provided by the appeals in Daly and Morgan Grenfell, the House of Lords has consistently affirmed the policy justification for legal advice privilege removes any doubt as to its high and now unchallengeable - importance in English law as a substantive right that prevails, save in the face of the clearest statutory abrogation, over all other public interests.

Key features of the new edition:-

  • Full coverage of extensive new case law
  • Now cited by many courts
  • Enhanced coverage of international cases
Key contents:-
  • Advice privilege
  • Litigation privilege
  • Sharing privilege
  • Pre-existing documents
  • Joint and common interests
  • Losing privilege
  • The Crime Fraud Exception
  • Agents
  • Third parties
  • Claiming privilege
  • Waiver
The author's explanation of the subject is both detailed and analytical, providing the reader with a definitive, comprehensive and expertly written account.

Subjects:
Evidence
Contents:
Legal Professional Privilege: Core Principles
Legal Professional Privilege: Advice Privilege
Legal Professional Privilege: Litigation Privilege
Privilege and Third Party Communications: Further considerations
Pre-Existing documents
Joint and Common Interests
Losing Privilege
The Crime-Fraud Exception
Claiming Privilege
Without Prejudice Communications