McMullen -v- Kennedy practising as Giles J Kennedy & Company Solicitors [2007] IEHC 476 (24 July 2007)

McMullen -v- Kennedy practising as Giles J Kennedy & Company Solicitors [2007] IEHC 476 (24 July 2007)

The court found that documents 171 to 173 do not contain evidence of undue influence, improper incentives, coercion, or conspiracy, nor do they fall within any exceptions to legal professional privilege. Privilege was not waived for these documents.

Citation
[2007] IEHC 476
Parties
Applicant/plaintiff: Michael Colin Geoffrey McMullen; Respondent/defendant: Giles J. Kennedy, practising under the style and title of Giles J. Kennedy & Company, Solicitors
Jurisdiction
Ireland
Judgment Date
24 July 2007
Procedural Posture
Supplemental Decision in Civil Proceedings / Post Judgment, Application for Inspection of Documents
Outcome
Application for inspection of documents 171 to 173 refused; documents to be returned to respondent/defendant.
Legal Topics
Discovery of Documents, Waiver of Privilege, Inspection of Litigation Files
Civil Procedure Legal Professional Privilege Discovery of Documents Waiver of Privilege Inspection of Litigation Files

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Parties

Michael Colin Geoffrey McMullen

Applicant/plaintiff

Giles J. Kennedy, practising under the style and title of Giles J. Kennedy & Company, Solicitors

Respondent/defendant

Procedural Posture

Supplemental Decision in Civil Proceedings / Post Judgment, Application for Inspection of Documents

Legal Issues

  1. 1 Whether documents 171 to 173 fall within exceptions to legal professional privilege
  2. 2 Whether there is evidence of undue influence, improper incentives, coercion, or conspiracy in the documents

Ratio Decidendi

The court found that documents 171 to 173 do not contain evidence of undue influence, improper incentives, coercion, or conspiracy, nor do they fall within any exceptions to legal professional privilege. Privilege was not waived for these documents.

Court Disposition

Application for inspection of documents 171 to 173 refused; documents to be returned to respondent/defendant.

Orders

  • Documents 171 to 173 to be returned to respondent/defendant.