Horgan v. Murray [1998] IEHC 149; [1999] 1 ILRM 257 (9th October, 1998)

Advices given to the companies by third party advisors are within the power of the Respondents and must be discovered unless privileged. Documents and memoranda prepared by the Petitioner in the context of settlement negotiations or for the purpose of taking legal advice are privileged and need not be produced.

Citation: [1998] IEHC 149
Parties: Petitioner: Petitioner; Respondents: Respondents
Jurisdiction: Ireland
Procedural Posture: Section 205 Petition / Discovery Motions
Outcome: Discovery ordered for relevant documents within Respondents' power; privilege upheld for Petitioner's documents as specified.
Legal Topics: Discovery, Privilege, Oppression of Minority Shareholders

Company Law Civil Procedure Discovery Privilege Oppression of Minority Shareholders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2

Parties

Petitioner

Respondents

Procedural Posture

Section 205 Petition / Discovery Motions

Legal Issues

1 Whether advices given to the companies by third party advisors are discoverable by the Respondents
2 Whether documents prepared by the Petitioner in the context of settlement negotiations are privileged
3 Whether notes prepared by the Petitioner for the purpose of taking legal advice are privileged

Ratio Decidendi

Court Disposition

Discovery ordered for relevant documents within Respondents' power; privilege upheld for Petitioner's documents as specified.

Orders

Respondents must refer to and produce relevant advices given to the companies unless privileged.
Petitioner entitled to claim privilege over documents prepared for settlement negotiations and notes for legal advice.