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Privilege, Privacy and Confidentiality in Family Proceedings

Privilege, Privacy and Confidentiality in Family Proceedings

Author: David Burrows
Publisher: Bloomsbury Professional (formerly Tottel Publishing)
ISBN: 9781526507891
Published In: February 2019
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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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.

1. Introduction
2. Confidentiality and privacy
3. Privilege and court proceedings
4. Legal professional privilege: legal advice privilege
5. Litigation privilege
6. Self-incrimination privilege
7. Without prejudice immunity
8. Overriding confidentiality and privilege
9. Waiver or loss of privilege
10. Children and confidentiality
11. Closed material procedures and children proceedings
12. Release of confidential information from family proceedings