Privilege, Privacy and Confidentiality in Family Proceedings

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?

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