Confidentiality, 2nd Edition

Author: The Hon Mr Justice R.G Toulson; Charles Phipps Barrister
Publisher: Sweet & Maxwell U.K.
ISBN: 9780421876309
Published In: December 2006
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

New Edition is available now !

Description
Contents
Reviews

Details

The first edition of this work achieved acclaim by pulling together a disparate subject with no statutory framework into a comprehensive reference on the subject.

This new edition updates its coverage, examining the historical origins of the action for breach of confidence, the present state of the law, and discussing possible solutions in areas of uncertainty. It also covers confidentiality in relation to particular professions, including medical advisers, bankers, employees and lawyers, and covers confidentiality in the legal process.

New content includes coverage of cases under the Human Rights Act 1998, such as Douglas v Hello! Ltd, Venables v Newsgroup Newspapers Ltd, along with the Data Protection Act 1998 [Campbell v Mirror Group Newspapers], the Civil Procedure Rules and the increased use of mediation in the legal process. It also examines the General Medical Council's code of standards on confidentiality, and the Banking Code (2001) dealing with banks' treatment of personal customers

* Clarifies what can and cannot be protected as confidential, and what can be classed as a breach of confidentiality
* Demonstrates which relationships give rise to duties of confidence
* Explains how confidentiality affects different professions and goes through the codes and rules that apply to each
* Illustrates how confidentiality operates within the legal process

Part One - Origins and Principles
Historical introduction
Foundation
What information may be protected as confidential?
What relationships/connections may give rise to duties of confidence?
What constitutes misuse of confidential information?
Remedies

Part Two - Particular Relationships
Medical advisers
Bankers
Broadcasters and Journalists
Employees
Clergy, Counsellors and Teachers
Police
Lawyers

Part Three - Confidentiality and the Legal Process
General principles and exceptions
Legal Professional Privilege and confidence
Public interest immunity
Methods of partial protection
Children
Arbitrations and mediations
Confidentiality and foreign law

"This is a book which anybody who advises in relation to alleged misuse of confidential information should have to hand. It also has wider applicability in any circumstances where the question of confidentiality arises. In the future it will certainly be my starting point whenever I have to consider any question on the law of confidentiality." - Commercial Lawyer