The Law of Privilege edited Bankim Thanki KC & Tamara Oppenheimer KC
Publisher: Oxford University Press
Edition: 4th Edition (August 2025)
ISBN: 978-0-19892300-8
Price: £250.00
Buy from Oxford University Press
Privilege – how it arises, how it operates and how it can be lost – is a subject that every lawyer deals with throughout their career. This fourth edition of The Law of Privilege, written and edited by an impressive team from Fountain Court Chambers, brings together decades of experience of acting in many of the leading privilege cases. That experience really shines throughout the book which offers both a practical and engaging account of this complex area of law.
More than seven years have passed since the last edition of The Law of Privilege. In that time, there have been (as the editors acknowledge) a large number of important developments in the law of privilege. This new edition therefore includes a restructure of some topics (legal advice privilege in chapter 2 being one notable example) and a deeper consideration of others (for example, the role of legal professional privilege in criminal proceedings). The important case-law developments since the last edition have also been seamlessly and comprehensively included. The changes have only served to improve what was already an outstanding textbook on privilege.
The Law of Privilege covers eight chapters: Legal Professional Privilege: Fundamental Principles; Legal Advice Privilege; Litigation Privilege; Legal Professional Privilege: General Issues; Loss of Privilege; Joint and Common Interest Privilege; Without Prejudice Privilege; and Privilege against Self-Incrimination. Importantly, the editors have not been afraid to set out their views. As Sir Geoffrey Vos notes in his foreword, they submit that the Supreme Court should recognise Three Rivers (No 5) [2003] QB 1556 was wrongly decided. This expansive coverage means that The Law of Privilege provides a one-stop shop for anyone looking at tricky issues of privilege (in both civil and criminal cases).
For anyone who has to consider privilege on a regular basis, The Law of Privilege will be a book which is kept close to hand. It provides an authoritative and practical view on the various topics making up the law of privilege. There is also a very welcome broadening of the consideration of privilege in criminal proceedings. For those looking for a thorough analysis of the law on privilege, they should look no further than this fourth edition of The Law of Privilege. It is likely to remain a favourite of lawyers for many years to come.
Reviewed on 12 August 2026.