Privilege, Privacy and Confidentiality in Family Proceedings

By: David Burrows
ISBN: 9781526507891

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About Privilege, Privacy and Confidentiality in Family Proceedings

How far does a client’s or a child’s confidentiality extend on family breakdown? Understand the fundamental importance of legal privilege, privacy and confidentiality in family breakdown and in family court proceedings. Looking at the duties of confidentiality of all practitioners involved in family proceedings, this title puts privilege, privacy and confidentiality in its common law context. It considers and contrasts that family proceedings are almost always heard ‘in private’; and... Read more

About Privilege, Privacy and Confidentiality in Family Proceedings

How far does a client’s or a child’s confidentiality extend on family breakdown?

Understand the fundamental importance of legal privilege, privacy and confidentiality in family breakdown and in family court proceedings.

Looking at the duties of confidentiality of all practitioners involved in family proceedings, this title puts privilege, privacy and confidentiality in its common law context. It considers and contrasts that family proceedings are almost always heard ‘in private’; and explains how this rule sits with common law principles. It singles out the particular issues in care proceedings where there are parallel criminal proceedings and explains the differences in law and on statutory guidance between the duties of confidentiality between lawyers, doctors and social workers.

This new title helps you tackle questions such as:
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 immunity cover a mediator?
When are closed materials procedures appropriate in children proceedings?

Table of 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

Publishing Details

Publication Date: 14/02/2019
ISBN: 9781526507891
Binding: Paperback
Edition: 1

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