McMullen -v- Kennedy [2008] IESC 69 (17 December 2008)

McMullen -v- Kennedy [2008] IESC 69 (17 December 2008)

The appellant failed to provide any evidence of fraud or illegality sufficient to override legal professional privilege. The documents in question remain privileged, and the appeal is dismissed.

Citation
[2008] IESC 69
Parties
Plaintiff/appellant: Michael Colin McMullen; Defendant/respondent: Giles J Kennedy practising as Giles J Kennedy and Company Solicitors
Jurisdiction
Ireland
Judgment Date
17 December 2008
Procedural Posture
Appeal / Supreme Court Judgment on Appeal From High Court Refusal of Inspection of Documents
Outcome
Appeal dismissed
Legal Topics
Discovery of Documents, Legal Professional Privilege, Fraud Exception to Privilege
Civil Procedure Legal Professional Privilege Discovery of Documents Fraud Exception to Privilege

Case Brief

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Parties

Michael Colin McMullen

Plaintiff/appellant

Giles J Kennedy practising as Giles J Kennedy and Company Solicitors

Defendant/respondent

Procedural Posture

Appeal / Supreme Court Judgment on Appeal From High Court Refusal of Inspection of Documents

Legal Issues

  1. 1 Whether legal professional privilege can be set aside to allow inspection of documents alleged to conceal unlawful or fraudulent conduct
  2. 2 Whether the appellant established sufficient evidence of fraud or illegality to override privilege

Ratio Decidendi

The appellant failed to provide any evidence of fraud or illegality sufficient to override legal professional privilege. The documents in question remain privileged, and the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; High Court order upheld except as to the letter of 17 May 1989, which is available to the plaintiff.