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

Autor Rosemary Pattenden, Duncan Sheehan
en Limba Engleză Hardback – 2 mar 2016
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.
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Specificații

ISBN-13: 9780199669516
ISBN-10: 0199669511
Pagini: 722
Dimensiuni: 198 x 252 x 44 mm
Greutate: 1.42 kg
Ediția:2
Editura: OUP OXFORD
Colecția OUP Oxford
Locul publicării:Oxford, United Kingdom

Recenzii

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.

Notă biografică

Rosemary Pattenden is Emeritus Professor of the School of Law at the University of East Anglia.Duncan Sheehan is Professor of Business Law at the University of Leeds.