Privilege and Confidentiality

Privilege and Confidentiality
Author: David Greenwald
Publisher: A&C Black
Total Pages: 457
Release: 2012-01-01
Genre: Law
ISBN: 1847668860

Privilege and Confidentiality: An International Handbook provides an overview of legal professional privilege (both legal advice privilege and litigation privilege) and confidentiality for in-house and outside counsel in the following jurisdictions: the US, Australia, Brazil, Canada, Chile, China, England and Wales, Germany, India, Japan, Mexico, Netherlands, Nigeria, Russia, South Africa, Spain, Sweden, Switzerland, Turkey, and the United Arab Emirates. Each chapter looks at recent developments in each jurisdiction and identifies possible strategies to enhance and strengthen the application of legal professional privilege around the world. This second edition includes a separate chapter on 'Legal Privilege and Confidentiality in Arbitration' and a new chapter on the ramifications of Europe-wide privilege and in-house counsel of the recent judgment by the ECJ in Akzo Nobel Chemicals Ltd and Akcros Chemical Ltd v Commission of the European Communities (September 2010), which has put the spotlight on legal professional privilege.

Parliamentary Privilege

Parliamentary Privilege
Author: Enid Campbell
Publisher: Federation Press
Total Pages: 278
Release: 2003
Genre: Law
ISBN: 9781862874787

The publication of Parliamentary Privilege in Australia in 1966 established Enid Campbell as the country's leading scholar in the area. Now Professor Campbell has written a successor which, while drawing on parts of the earlier work, focusses on issues and problems which have arisen in recent years, particularly since the enactment of the Commonwealth Parliamentary Privileges Act 1987. Topics specifically examined in the book include - the scope of the central privilege of freedom of speech and debate in parliament; measures adopted by houses of parliaments to regulate exercise of that freedom; restrictions on the uses which may be made of evidence of what has been said and done in the course of parliamentary proceedings; immunities accorded to MPs in respect of various legal processes, such as ones which require them to appear before a court to give evidence; the powers of houses of parliaments to make inquiries and to delegate investigatory powers to committee of their members; the power of houses of parliaments to impose penalties of a criminal character and to discipline their members. This book, like its predecessor, will be the standard reference on the laws concerning the powers, privileges and immunities of Australian parliaments, their members and committees for the next generation.

Parliamentary privilege

Parliamentary privilege
Author: Great Britain: Office of the Leader of the House of Commons
Publisher: The Stationery Office
Total Pages: 92
Release: 2012-04-26
Genre: Political Science
ISBN: 9780101831826

Parliamentary privilege ensures that Members of Parliament are able to speak freely in debates, and protects Parliament's internal affairs from interference from the courts. Following (failed) attempts by some MPs to use parliamentary privilege to avoid prosecution for expenses fraud, the Government felt the time was right for a comprehensive review of the privileges of Parliament. Freedom of speech is arguably the most important privilege: a member must be able to speak or raise a matter without fear of a criminal or civil liability. The Government does not feel it necessary to change the protection of privilege in civil cases, nor in relation to injunctions or super-injunctions. But it is open to question whether parliamentary privilege should ever prevent members being successfully prosecuted for criminal offences. The paper consults on whether privilege should be disapplied in cases of alleged criminality, though not in respect of speeches in Parliament. The second major privilege is that of exclusive cognisance: the right of each House to regulate its own proceedings and internal affairs without interference from any outside body including the courts. This includes the conduct of its Members, and of other participants such as witnesses before select committees. Recent court judgments make clear that statute law on employment, health and safety etc do apply to Parliament providing the law would not interfere with Parliament's core functions. The green paper also consults on extending and strengthening select committee powers. A final section covers other miscellaneous privileges.

Privilege, Privacy and Confidentiality in Family Proceedings

Privilege, Privacy and Confidentiality in Family Proceedings
Author: David Burrows
Publisher: Bloomsbury Publishing
Total Pages: 430
Release: 2019-03-07
Genre: Law
ISBN: 1526507900

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?

The Parliamentary Mandate

The Parliamentary Mandate
Author: Marc van der Hulst
Publisher: Inter-Parliamentary Union
Total Pages: 162
Release: 2000
Genre: Legislators
ISBN: 9291420565

Undersøgelse af parlamentsmandatet baseret på svar på IPU-spørgeskema fra 134 parlamenter. Svarene er sammenlignet systematisk med de respektive forfatninger, lovgivning og parlamentsforretningsordener.