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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
- Advice privilege
- Litigation privilege
- Sharing privilege
- Pre-existing documents
- Joint and common interests
- Losing privilege
- The Crime Fraud Exception
- Third parties
- Claiming privilege