Duncan Sheehan – Författare

This book examines the disclosure and withholding of all forms of confidential information handled by professionals. Fully revised and updated, the new edition examines the numerous recent developments in the law, particularly following revelations by the media of the interception of professional confidences by phone hacking and other means. Its primary focus is on the law of England and Wales, but it includes insights from the secondary literature and case law of Australia, Canada, Ireland, New Zealand, and Scotland. This allows it to predict how English courts may fill gaps in the law, and makes it a useful resource for practitioners in other common law jurisdictions. The book begins with a discussion of the basic principles of confidentiality, including types of confidential information, confidentiality obligations, disclosures, and confidentiality obligation. Part I examines the legal instruments for the enforcement of confidentiality, including contractual obligations, tort of misuse of private information, equitable wrongs, actions against third parties, civil remedies and criminal offences, and remedies beyond the courts. Part II discusses justified disclosure, including those relating to public interest, official investigations, administration of justice, consent and waiver, and lapsed confidentiality. Part III analyses the grounds for justified non-disclosure, including legal professional privilege, public interest immunity, contractual or equitable obligations, data protection and freedom of information, privacy protection, and non-disclosure to client. Finally, Part IV discusses limiting the extent of a lawful disclosure, dealing with circulation restrictions, public reporting, anonymity, court attendance restrictions, and collateral use.This is an essential reference for those advising either the professional or the individual client on issues relating to the disclosure of confidential personal information.

The law of personal property covers a very wide spectrum of scenarios and, unfortunately, has had little detailed scrutiny of its overarching structure over the years. It is a system and can best be understood as a system. Indeed, without understanding it as a system, it becomes much more difficult to comprehend. The second edition of this acclaimed textbook continues to provide a comprehensive yet detailed coverage of the law of personal property in England and Wales. It includes transfer of legal title to chattels, the nemo dat rule, negotiable instruments and assignment of choses in action. It also looks at defective transfers of property and the resulting proprietary claims, including those contingent on tracing, the tort of conversion, bailment and security interests. By bringing together areas often scattered throughout company law, commercial law, trusts and tort textbooks, it enables readers to see common themes and issues and to make otherwise impossible generalisations across different contexts about the nature of the concepts English law applies. Throughout the book, concepts are explained rigorously, with reference to how they are used in commercial practice and everyday life. The new edition also includes a new chapter on secured transactions law reform, and introduces new material on the Cape Town Convention, IP rights and other intangible property.The book will be of primary interest to academics and practitioners in the area. However, it will also be of use to students studying commercial or personal property law.

The law of personal property covers a very wide spectrum of scenarios and, unfortunately, has had little detailed scrutiny of its overarching structure over the years. It is a system and can best be understood as a system. Indeed, without understanding it as a system, it becomes much more difficult to comprehend. The second edition of this acclaimed textbook continues to provide a comprehensive yet detailed coverage of the law of personal property in England and Wales. It includes transfer of legal title to chattels, the nemo dat rule, negotiable instruments and assignment of choses in action. It also looks at defective transfers of property and the resulting proprietary claims, including those contingent on tracing, the tort of conversion, bailment and security interests. By bringing together areas often scattered throughout company law, commercial law, trusts and tort textbooks, it enables readers to see common themes and issues and to make otherwise impossible generalisations across different contexts about the nature of the concepts English law applies. Throughout the book, concepts are explained rigorously, with reference to how they are used in commercial practice and everyday life. The new edition also includes a new chapter on secured transactions law reform, and introduces new material on the Cape Town Convention, IP rights and other intangible property.The book will be of primary interest to academics and practitioners in the area. However, it will also be of use to students studying commercial or personal property law.

This ambitious book grapples with the complex debates ongoing on the structure of unjust enrichment, proving to be a major contribution to the field.Responding to the subject’s critics, it presents a clearly articulated structure for this branch of private law, arguing that while unjust enrichment has the function of reversing defective enrichments (whether by performance or in another way) there is scope for normative pluralism in how the law achieves this. Drawing heavily on comparative material from Germany, Scotland and South Africa the book then argues for a legal framework which combines elements of the absence of basis and unjust factors approaches. It assesses how that structure can be mapped against the causes of action that make up unjust enrichment, arguing that some are performance claims - reversing a deliberate, intentional performance - and some are non-performance claims. Other claims, often included in books on unjust enrichment, such as “necessity” should be excluded from the subject area. The book concludes with a treatment of defences.