M. (M.F.) v. W. (P.) [2001] IEHC 122 (22nd June, 2001)

M. (M.F.) v. W. (P.) [2001] IEHC 122 (22nd June, 2001)

Solicitor's notes of evidence and proceedings are not privileged as they are a record of what was public in court, but any part of the notes containing material designed to assist the plaintiff in the prosecution of the action is privileged and should be covered up before inspection.

Citation
[2001] IEHC 122
Parties
Plaintiff: Plaintiff; Notice Party: Notice Party
Jurisdiction
Ireland
Procedural Posture
Civil / Interlocutory Application Regarding Discovery and Privilege
Outcome
Partially allowed
Legal Topics
Discovery, Legal Professional Privilege, Evidence
Civil Procedure Discovery Legal Professional Privilege Evidence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Plaintiff

Plaintiff

Notice Party

Notice Party

Procedural Posture

Civil / Interlocutory Application Regarding Discovery and Privilege

Legal Issues

  1. 1 Whether solicitor's notes of evidence and proceedings are covered by legal professional privilege in the same action
  2. 2 Extent to which such notes are discoverable

Ratio Decidendi

Solicitor's notes of evidence and proceedings are not privileged as they are a record of what was public in court, but any part of the notes containing material designed to assist the plaintiff in the prosecution of the action is privileged and should be covered up before inspection.

Court Disposition

Partially allowed

Orders

  • Solicitor's notes of evidence and proceedings are not privileged and must be produced for inspection, except for portions containing material designed to assist the plaintiff in the prosecution of the action, which are privileged and may be covered up.