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Privilege
Privilege
3rd Edition
Practice Area:  Evidence, Litigation
ISBN:  9781908013118
Published by:  Sweet & Maxwell
Publication Date:  24 Jul 2013
Format:  Hardback
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PRODUCT DESCRIPTION
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  • Establishes the core principles of legal professional privilege, including its rationale and the nature of the right
  • Examines all aspects of the law of privilege including what constitutes privilege, situations where privilege occurs, the boundaries of privilege and practical examples of what is and is not covered by privilege
  • Takes a practical approach, guiding through the core principles and areas of complexity
  • Sets out how to claim to privilege
  • Looks at the many and complex circumstances in which loss of privilege can occur
  • Takes into account the without prejudice privilege and how it differs from legal professional privilege
  • Looks at advice privilege in relation to client-lawyer relationship, confidential communications and third party communications
  • Discusses litigation privilege in relation to legal proceedings, expert witnesses, witness statements, and criminal proceedings
  • 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
  • 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
  • Analyses the many key judgments which have established the principles of privilege
  •  Provides a comparative law analyses
  • Offers full coverage of extensive new case law Includes enhanced coverage of international cases
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
CONTRIBUTOR INFORMATION
Colin Passmore is the senior partner at Simmons & Simmons LLP, an international law firm headquartered in London. Over the last 30 years he has worked in England, Hong Kong and the Middle East and has developed a varied commercial litigation practice that encompasses both international and domestic disputes, with an emphasis on professional negligence, banking and white collar crime litigation. His particular areas of practice are large professional indemnity claims for well-known professional firms and their professional indemnity underwriters, retail banking litigation and business crime issues.
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REVIEWS

REVIEWS FOR THE SECOND EDITION


"This is a subject upon which all litigators need a practical and accessible guide to steer them through the maze and that is what Mr Passmore has provided."
Christopher Moger QC

"A well researched and written practical handbook for those dealing with privilege and trying to define its boundaries"
Paul Newman, Barrister

"A provocative analysis of advice and litigation privilege together with a detailed review of how privilege can be lost, the position of in-house lawyers and how the common interest and without prejudice privileges operate in practice."
Simon Davis, New Law journal

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