Colston v Dunnes Stores [2019] IECA 59 (28 February 2019)
Dunnes Stores failed to discharge the evidential burden required to establish litigation privilege over the documents, as they did not provide sufficient affidavit evidence detailing the circumstances, purpose, or company policy justifying the claim. A mere assertion of privilege is inadequate; objective evidence is required.
- Citation
- [2019] IECA 59
- Parties
- Plaintiff/respondent: Charmaine Colston; Defendant/appellant: Dunnes Stores
- Jurisdiction
- Ireland
- Judgment Date
- 28 February 2019
- Procedural Posture
- Civil Appeal / Appeal From High Court Order on Discovery
- Outcome
- Appeal dismissed
- Legal Topics
- Litigation Privilege, Discovery of Documents, Burden of Proof for Privilege, Personal Injury Proceedings
Case Brief
Summary, issues, holding and outcome
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Parties
Charmaine Colston
Plaintiff/respondent
Dunnes Stores
Defendant/appellant
Procedural Posture
Civil Appeal / Appeal From High Court Order on Discovery
Legal Issues
- 1 Whether Dunnes Stores discharged the burden of proof to establish litigation privilege over documents created on the day of the alleged accident, prior to notification of a claim.
Ratio Decidendi
Dunnes Stores failed to discharge the evidential burden required to establish litigation privilege over the documents, as they did not provide sufficient affidavit evidence detailing the circumstances, purpose, or company policy justifying the claim. A mere assertion of privilege is inadequate; objective evidence is required.
Court Disposition
Appeal dismissed
Orders
- Order of the High Court permitting inspection of the documents by Ms. Colston affirmed.
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