Redfern Limited -v- O'Mahony [2009] IESC 18 (04 March 2009)

Redfern Limited -v- O'Mahony [2009] IESC 18 (04 March 2009)

Disclosure of privileged documents to third parties with a common interest and under confidentiality does not constitute waiver of privilege. Pleading reliance on legal advice, without disclosing its contents or effect, does not amount to implied waiver of privilege in Irish law. Implied waiver is limited to proceedings between client and solicitor where fairness requires disclosure.

Citation
[2009] IESC 18
Parties
Plaintiff/respondent: Redfern Limited; First Defendant: Larry O'Mahony; Second Defendant: Thomas McFeely; Third Defendant/appellant: Liam Carroll; Fourth Defendant/appellant: Tafica Limited; Fifth Defendant: Aifca Limited
Jurisdiction
Ireland
Judgment Date
04 March 2009
Procedural Posture
Civil Appeal / Appeal From High Court Orders on Inspection of Documents
Outcome
Appeal allowed; High Court order set aside; inspection of privileged documents refused.
Legal Topics
Legal Professional Privilege, Waiver of Privilege, Discovery, Inspection of Documents
Civil Procedure Evidence Legal Professional Privilege Waiver of Privilege Discovery Inspection of Documents

Case Brief

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Parties

Redfern Limited

Plaintiff/respondent

Larry O'Mahony

First Defendant

Thomas McFeely

Second Defendant

Liam Carroll

Third Defendant/appellant

Tafica Limited

Fourth Defendant/appellant

Aifca Limited

Fifth Defendant

Procedural Posture

Civil Appeal / Appeal From High Court Orders on Inspection of Documents

Legal Issues

  1. 1 Whether disclosure of privileged documents to third parties constitutes waiver of legal professional privilege
  2. 2 Whether pleading reliance on legal advice amounts to implied waiver of privilege

Ratio Decidendi

Disclosure of privileged documents to third parties with a common interest and under confidentiality does not constitute waiver of privilege. Pleading reliance on legal advice, without disclosing its contents or effect, does not amount to implied waiver of privilege in Irish law. Implied waiver is limited to proceedings between client and solicitor where fairness requires disclosure.

Court Disposition

Appeal allowed; High Court order set aside; inspection of privileged documents refused.

Orders

  • Refused inspection of Redfern's privileged opinion to appellants.
  • Refused inspection of appellants' privileged documents to Redfern.