Croke -v- Waterford Crystal Ltd & Anor [2009] IEHC 158 (31 March 2009)

Discovery of documents involving legal advisers is refused due to legal professional privilege. Discovery is ordered for internal documents (excluding legal advisers) relevant to fraudulent concealment. Drafts of documents are discoverable in certain categories where their evolution is relevant to the issues. The scope and period of discovery are to be determined by the pleadings and the centrality of the fraudulent concealment issue.

Citation: [2009] IEHC 158
Parties: Plaintiff: Walter Croke; First Defendant: Waterford Crystal Limited; Second Defendant: Irish Pension Trust Limited
Jurisdiction: Ireland
Judgment Date: 31 March 2009
Procedural Posture: Civil / Interlocutory Application for Discovery
Outcome: Partially granted
Legal Topics: Discovery, Legal Professional Privilege, Fraudulent Concealment, Limitation of Actions

Civil Procedure Discovery Legal Professional Privilege Fraudulent Concealment Limitation of Actions

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Parties

Walter Croke

Plaintiff

Waterford Crystal Limited

First Defendant

Irish Pension Trust Limited

Second Defendant

Procedural Posture

Civil / Interlocutory Application for Discovery

Legal Issues

1 Whether documents, including those involving legal advisers, are discoverable given claims of legal professional privilege
2 Whether drafts of documents in certain categories should be discovered
3 What is the appropriate time period for discovery

Ratio Decidendi

Court Disposition

Partially granted

Orders

Discovery of documents involving legal advisers refused on grounds of privilege.
Discovery of internal documents (excluding legal advisers) relevant to fraudulent concealment ordered.