Logue v. Redmond [1999] IEHC 220; [1999] 2 ILRM 498 (4th March, 1999)

Logue v. Redmond [1999] IEHC 220; [1999] 2 ILRM 498 (4th March, 1999)

Except for documents 15 and 20, which contain legal advice and are privileged, all other documents in the three categories are not privileged and must be disclosed. The balancing exercise favors disclosure as public interest grounds do not justify non-disclosure in this case.

Citation
[1999] 2 ILRM 498
Parties
Plaintiff: Donal Logue; Defendant: Sergeant D Redmond; Defendant: Garda Kealy
Jurisdiction
Ireland
Procedural Posture
Civil / Interlocutory Motion for Inspection and Disclosure of Documents
Outcome
Motion granted in part
Legal Topics
Discovery, Legal Professional Privilege, Public Interest Immunity, False Imprisonment, Defamation, Wrongful Arrest
Civil Procedure Constitutional Law Tort Law Discovery Legal Professional Privilege Public Interest Immunity False Imprisonment Defamation +1 more

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Parties

Donal Logue

Plaintiff

Sergeant D Redmond

Defendant

Garda Kealy

Defendant

Procedural Posture

Civil / Interlocutory Motion for Inspection and Disclosure of Documents

Legal Issues

  1. 1 Whether documents claimed as privileged by the Defendants should be disclosed to the Plaintiff
  2. 2 Whether legal professional privilege and public interest immunity apply to documents exchanged between Gardai and the Director of Public Prosecutions
  3. 3 Whether internal Garda memoranda and investigation files are privileged

Ratio Decidendi

Except for documents 15 and 20, which contain legal advice and are privileged, all other documents in the three categories are not privileged and must be disclosed. The balancing exercise favors disclosure as public interest grounds do not justify non-disclosure in this case.

Court Disposition

Motion granted in part

Orders

  • All documents in the three categories except documents 15 and 20 must be disclosed to the Plaintiff