O'Brien -v- Radio Telefis Eireann [2015] IEHC 379 (12 June 2015)

O'Brien -v- Radio Telefis Eireann [2015] IEHC 379 (12 June 2015)

The court held that the interlocutory injunction should not be vacated in relation to information and documentation not yet in the public domain, particularly where legal professional privilege is claimed. The absolute nature of legal professional privilege and the continuing risk of harm to the plaintiffs justified maintaining the order, subject to amendments reflecting information now public.

Citation
[2015] IEHC 379
Parties
Plaintiff: Denis O'Brien; Defendant: Radio Telefis Eireann; Plaintiff: Irish Bank Resolution Corporation Ltd (in Special Liquidation)
Jurisdiction
Ireland
Judgment Date
12 June 2015
Procedural Posture
Interlocutory Application in Civil Proceedings / Application to Vary/vacate Interlocutory Injunction
Outcome
Interlocutory injunction continued with amendments
Legal Topics
Interlocutory Injunctions, Legal Professional Privilege, Confidential Information, Freedom of Expression, Prior Restraint
Media Law Banking Law Confidentiality Human Rights Interlocutory Injunctions Legal Professional Privilege Confidential Information Freedom of Expression +1 more

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Parties

Denis O'Brien

Plaintiff

Radio Telefis Eireann

Defendant

Irish Bank Resolution Corporation Ltd (in Special Liquidation)

Plaintiff

Procedural Posture

Interlocutory Application in Civil Proceedings / Application to Vary/vacate Interlocutory Injunction

Legal Issues

  1. 1 Whether the interlocutory injunction restraining publication of confidential and privileged information should be vacated or varied in light of information entering the public domain
  2. 2 Whether legal professional privilege continues to protect information once it is in the public domain
  3. 3 Whether the balance of rights under Article 10 ECHR and legal professional privilege justifies continued restraint

Ratio Decidendi

The court held that the interlocutory injunction should not be vacated in relation to information and documentation not yet in the public domain, particularly where legal professional privilege is claimed. The absolute nature of legal professional privilege and the continuing risk of harm to the plaintiffs justified maintaining the order, subject to amendments reflecting information now public.

Court Disposition

Interlocutory injunction continued with amendments

Orders

  • The injunction is amended to exclude information now in the public domain, including the script proposed for broadcast and the statement of Mr. Mike Aynsley dated 28th May 2015.
  • The injunction continues to restrain publication of confidential information and legal advice not in the public domain.