Legal Professional Privilege for Corporations: A Guide to Four Major Common Law Jurisdictions (Hardcover)
A comprehensive account of legal professional privilege as it applies to corporations covering four major common law jurisdictions: the UK, Australia, Canada and the United States. Higgins provides a practical set of principles to advise practitioners...
Andrew Higgins, Lecturer, The University of Oxford
Andrew Higgins is a lecturer in civil procedure at the University of Oxford. He teaches civil procedure on the BCL/MJur programme, and has taught tort and contract at New College and University College Oxford. Andrew is also a practicing barrister at the Victorian Bar, specialising in complex civil litigation and class actions.
- The definition of the corporate client, which is still unresolved in England following the Court of Appeal's decision in Three Rivers No 5.
- The legal advisers covered by the privilege in increasingly competitive legal services markets, including the position of in-house counsel, accountants and multi-disciplinary partnerships.
- The key trends in the courts' application of the legal purpose test in connection with advice given by lawyers, and documents and communications made in anticipation of litigation.
- The application of the privilege in 'intra-corporate' disputes between the company and shareholders, the company and its directors, as well as disputes between the company and third parties alleging a joint interest in the company's legal advice.
- When corporate privilege is waived, including the emerging doctrine of limited waiver endorsed in some jurisdictions, the common-interest privilege exception to waiver, the extent of waiver over communications with experts when a party discloses an expert's report, and the rights of corporations to recover privilege material disclosed unintentionally.
- The scope of the crime-fraud or iniquity exception and the procedures for claiming and challenging privilege.
|Genre||LAW / Civil Procedure|
|Publisher Date||2014-05-20 00:00:00.0|
|Publisher||Oxford Univ Pr|
|Unit weight||1.55 lb|
|Subtitle||A Guide to Four Major Common Law Jurisdictions|
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