The Law of Professional-Client Confidentiality 2e
Regulating the Disclosure of Confidential Information
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Product details:
- Edition number 2
- Publisher OUP Oxford
- Date of Publication 3 March 2016
- ISBN 9780199669516
- Binding Hardback
- No. of pages722 pages
- Size 252x198x43 mm
- Weight 1418 g
- Language English 0
Categories
Short description:
The new edition of the comprehensive practitioner guide to disclosure and withholding of confidential information, drawing together many areas of law to provide detailed guidance on issues and solutions.
MoreLong description:
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.
When this book first saw the light of day in 2003, it established itself as a reliable source of reference on the disclosure of confidential information in the context of the professional-client relationship ... ... Particularly noteworthy is the development, in the past decade or so, of the tort of misuse of private information and its separation from the breach of confidence concept.
Table of Contents:
Part I
Introduction
Part II
Misuse of Private Information
Contractual Confidence Claims
Breach of Confidence and Fiduciary Duty
Miscellaneous Causes of Action: Tort and Copyright
Actions Against Third Parties and Strangers
Judicial Remedies
Non-Judicial Remedies
Part III
Disclosure Justified in the Public Interest
Disclosure of Confidential Information Compelled by Statute
Compelled Disclosure to Assist an Official Investigation
Disclosure Justified in the Administration of Justice
Part IV
Consent
Lapsed Confidentiality
Part V
Legal Professional Privilege
Data Protection and Freedom of Information
Open Justice, Privacy and Limiting the Use of Documents Disclosed in Litigation
