Privilege, Privacy and Confidentiality in Family Proceedings

Erscheinungsjahr 2019
ISBN: 978-1-5265-0789-1
Verlag: Bloomsbury

Buch, Englisch, 392 Seiten, Paperback, Format (B × H): 152 mm x 230 mm, Gewicht: 600 g

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?

This title is included in Bloomsbury Professional's Family Law online service.

Autoren/Hrsg.

Burrows, David

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

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

Über Autor(innen)

Burrows, David
David Burrows, is a solicitor advocate who deals with all aspects of family breakdown. As a solicitor advocate he has appeared in family courts and appellate courts at all levels.

As practitioner, teacher and writer he has a specialist interest in law in relation to confidentiality and privacy; and concerning rules of evidence and procedure in family proceedings.

He was chairman of SFLA (now Resolution) in 2003/4, and remains an active member. He was secretary to the steering committee for the first mediation service in UK in 1975/6, and of its trustees thereafter.

David Burrows, is a solicitor advocate who deals with all aspects of family breakdown. As a solicitor advocate he has appeared in family courts and appellate courts at all levels (eg in May 2006 he appeared in two cases in the Supreme Court (then House of Lords); and in one he was the first solicitor to lead as advocate).

As practitioner, teacher and writer he has a specialist interest in law in relation to confidentiality and privacy; and concerning rules of evidence and procedure in family proceedings.

He was chairman of SFLA (now Resolution) in 2003/4, and remains an active member. He is a founder (and continuing) contributor to Family Court Practice (the 'Red Book': first edition 1993). He was secretary to the steering committee for the first mediation service in UK in 1975/6, and of its trustees thereafter.

He is the author of Children's Views and Evidence (Bloomsbury Professional) and also Family Law Briefing(available on Bloomsbury Professional's Familty Law online service).