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Vol 25 No 2 Feb/March 2020

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The Law of Professional-Client Confidentiality: Regulating the Disclosure of Confidential Information 2nd ed

ISBN13: 9780199669516
Previous Edition ISBN: 0198268505
Published: March 2016
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £237.50

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This book examines the disclosure and withholding of all forms of confidential information handled by professionals. Fully revised and updated, the new edition examines the numerous recent developments in the law, particularly following revelations by the media of the interception of professional confidences by phone hacking and other means.

Its primary focus is on the law of England and Wales, but it includes insights from the secondary literature and case law of Australia, Canada, Ireland, New Zealand, and Scotland. This allows it to predict how English courts may fill gaps in the law, and makes it a useful resource for practitioners in other common law jurisdictions.

The book begins with a discussion of the basic principles of confidentiality, including types of confidential information, confidentiality obligations, disclosures, and confidentiality obligation. Part I examines the legal instruments for the enforcement of confidentiality, including contractual obligations, tort of misuse of private information, equitable wrongs, actions against third parties, civil remedies and criminal offences, and remedies beyond the courts.

Part II discusses justified disclosure, including those relating to public interest, official investigations, administration of justice, consent and waiver, and lapsed confidentiality. Part III analyses the grounds for justified non-disclosure, including legal professional privilege, public interest immunity, contractual or equitable obligations, data protection and freedom of information, privacy protection, and non-disclosure to client. Finally, Part IV discusses limiting the extent of a lawful disclosure, dealing with circulation restrictions, public reporting, anonymity, court attendance restrictions, and collateral use.

This is an essential reference for those advising either the professional or the individual client on issues relating to the disclosure of confidential personal information.

Professional Negligence, Professional Conduct and Ethics, Privacy and Confidentiality
1. Introduction

2. Misuse of Private Information
3. Contractual Confidence Claims
4. Breach of Confidence and Fiduciary Duty
5. Miscellaneous Causes of Action: Tort and Copyright
6. Actions Against Third Parties and Strangers
7. Judicial Remedies
8. Non-Judicial Remedies

9. Disclosure Justified in the Public Interest
10. Disclosure of Confidential Information Compelled by Statute
11. Compelled Disclosure to Assist an Official Investigation
12. Disclosure Justified in the Administration of Justice

13. Consent
14. Lapsed Confidentiality

15. Legal Professional Privilege
16. Data Protection and Freedom of Information
17. Open Justice, Privacy and Limiting the Use of Documents Disclosed in Litigation