Legal Professional Privilege
Law and Theory
By (author) Jonathan Auburn
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Legal Professional Privilege by Jonathan Auburn
Book DescriptionIn the Commonwealth,the principle of legal professional privilege has been treated as almost sacrosanct and in consequence, derogations from it have been rare. The traditional view is that, despite resulting unfairness, the rule must be absolute in order to achieve its stated goals. This view is challenged here through an examination of the structure of and exceptions to the privilege. Auburn argues that the claims made of the rule in the past have been overstated and that the privilege is more robust than widely assumed. Being dependent on patterns of client behaviour, it can accommodate change, while still fulfilling its essential function. Having examined the theory, structure and main derogations from the privilege, the author asserts that we should be more sceptical of the claims made of the privilege, and in appropriate circumstances should give more weight to the values underlying the disclosure of evidence. This thoughtful analysis presents a new approach to the issue of legal professional privilege. It offers a thorough exploration of the principles underlying the privilege and takes a Commonwealth-wide approach, covering the law in England, Australia, Canada, New Zealand and South Africa, as well as drawing on relevant principles from European and United States law. Contents 1. Conceptual and Historical Introduction Part A: THEORETICAL FOUNDATIONS 2. Emerging Common Law Right 3. Privilege Under the European Convention on Human Rights 4. Confidentiality 5. Disclosure 6. Structure of the Privilege - General Theory 7. Structure of the Privilege - Application PART B: PRACTICAL APPLICATIONS 8. Crime-fraud Exception 9. Criminal Exculpatory Evidence 10. Loss of Privilege Based on Intent and Disclosure [Waiver] 11. Fairness Based Loss of Privilege [Waiver] 12. Indadvertent Disclosure 13. Past and Future Directions
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Book DetailsISBN: 9781841131016
(234mm x 156mm x 25mm)
Imprint: Hart Publishing
Publisher: Bloomsbury Publishing PLC
Publish Date: 20-Jun-2000
Country of Publication: United Kingdom
Books By Author Jonathan Auburn
Judicial Review, Hardback (April 2013)» View all books by Jonathan Auburn
This definitive work provides a fresh treatment of the substantive law and procedural issues involved in bringing and defending claims for judicial review. It offers clear and complete guidance on this complex area and has been carefully structured to provide comprehensive and practical analysis of each successive stage of a claim.
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Author Biography - Jonathan Auburn
Jonathan Auburn is a Barrister at 4-5 Gray's Inn Square.
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