O'Neill v. Governor of Mountjoy Prison [1997] IEHC 15 (23rd January, 1997)

O'Neill v. Governor of Mountjoy Prison [1997] IEHC 15 (23rd January, 1997)

The claim to legal professional privilege over the documents has not been disturbed, making it unnecessary to consider the form of the executive privilege claim.

Citation
[1997] IEHC 15
Parties
Applicant: Mr. Brian Murray; Respondent: Mr. Dalton
Jurisdiction
Ireland
Procedural Posture
Judicial Review / Judgment
Outcome
Orders as in Duncan's case granted
Legal Topics
Discovery, Executive Privilege, Legal Professional Privilege
Civil Procedure Discovery Executive Privilege Legal Professional Privilege

Case Brief

Summary, issues, holding and outcome

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Parties

Mr. Brian Murray

Applicant

Mr. Dalton

Respondent

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether an Affidavit of Discovery can be tested by cross-examination
  2. 2 Whether the claim of executive privilege was properly made
  3. 3 Whether documents are protected by legal professional privilege

Ratio Decidendi

The claim to legal professional privilege over the documents has not been disturbed, making it unnecessary to consider the form of the executive privilege claim.

Court Disposition

Orders as in Duncan's case granted

Orders

  • Same orders as made in Duncan's case