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Bloomsbury Privilege, Privacy and Confidentiality in Family Proceedings

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Description

The focus of Privilege, Privacy and Confidentiality in Family Proceedings is the key issues and principles of privilege, privacy and confidentiality that arise in family court proceedings. Confidentiality arises when someone has knowledge of confidential material and that the law considers it to be fair for the confidant to be prevented from passing on that information. Privacy - now through the prism of article 8 of the European Convention on Human Rights 1950 - refers to material to which only an individual personally has access. There is a public interest maintaining confidentiality, subject to narrow exceptions. These subjects are central to family and children proceedings. To look at confidentiality, privilege and privacy from the point of view of the family law practitioner - judge, solicitor or barrister, doctor or social worker - the law must be seen as part of the mainstream of the common law. Is a child entitled to confidentiality; or is it correct, as Working Together guidance says, that the mature child's confidences should be `shared'? When can privilege be overridden; and when does it not apply? Does without prejudice privilege cover a mediator; and when are closed materials procedures appropriate in children proceedings? These and many more questions are covered in this book.CONTENTS: Chapter 1 Introduction Chapter 2 Privacy Chapter 3 Confidentiality Chapter 4 Disclosure at common law Chapter 5 Legal Advice privilege Chapter 6 Litigation Privilege Chapter 7 Self-incrimination privilege Chapter 8 Without prejudice immunity Chapter 9 Relevant Legal Context Chapter 10 Exceptions from Privilege and Confidentiality Chapter 11 Procedure: Public Interest Immunity, Privilege and Non-Party Disclosure Chapter 12 Release or Publication of Court Material to Non-parties: The Law Chapter 13 Release of court material in family proceedings Chapter 14 Release of confidential material from family proceedings Chapter 15 Closed Material Procedures Chapter 16 Public Interest

Product Specifications

Format
paperback
Domain
Amazon UK
Release Date
14 February 2019
Listed Since
14 March 2018

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