
Legal Professional Privilege Is A Common Law Concept That Protects Certain Types Of Confidential Communications Between A Lawyer And Their Client Or, In The Context Of Litigation, Between A Lawyer Or Their Client And A Third Party. Where It Applies, It Enables The Privilege Holder To Withhold Disclosure Of Material Or Information To Another Party In Circumstances Where They Would Otherwise Be Required To Provide It. It Is More Than Just A Rule Of Evidence: In R (morgan Grenfell & Co Ltd) V Special Commissioner Of Income Tax, Lord Hoffman Described It As 'a Fundamental Human Right Long Established In The Common Law', And It Has Been Expressed In Similar Terms Elsewhere. It Has Been Developed By The Courts Over Several Centuries And Is A Continually Evolving Area Of Law To This Day
This text investigates the scope, application, and fundamental legal status of legal professional privilege within the context of criminal investigations and judicial proceedings. Authors Vivien Cochrane and Will Hayes examine the historical development and modern interpretation of this common law doctrine, arguing that it functions as a critical safeguard for the attorney-client relationship rather than a mere evidentiary rule. The work synthesizes centuries of judicial precedent to clarify how privilege operates when faced with state investigative powers.
What You Will Find
Scope Limits
Legal professionals and scholars recognize this work as a focused resource for understanding the complexities of privilege in criminal settings. Experts highlight the text for its clear articulation of how evolving case law impacts the practical application of confidentiality protections.
Page Count:
304
Publication Date:
2024-09-25
Publisher:
Oxford University Press
ISBN-10:
019285917X
ISBN-13:
9780192859174
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